Skip to main content

Full text of "The Statutes of Nova Scotia"

See other formats


This is a digital copy of a book that was preserved for generations on library shelves before it was carefully scanned by Google as part of a project 
to make the world's books discoverable online. 

It has survived long enough for the copyright to expire and the book to enter the public domain. A public domain book is one that was never subject 
to copyright or whose legal copyright term has expired. Whether a book is in the public domain may vary country to country. Public domain books 
are our gateways to the past, representing a wealth of history, culture and knowledge that's often difficult to discover. 

Marks, notations and other marginalia present in the original volume will appear in this file - a reminder of this book's long journey from the 
publisher to a library and finally to you. 

Usage guidelines 

Google is proud to partner with libraries to digitize public domain materials and make them widely accessible. Public domain books belong to the 
public and we are merely their custodians. Nevertheless, this work is expensive, so in order to keep providing this resource, we have taken steps to 
prevent abuse by commercial parties, including placing technical restrictions on automated querying. 

We also ask that you: 

+ Make non-commercial use of the files We designed Google Book Search for use by individuals, and we request that you use these files for 
personal, non-commercial purposes. 

+ Refrain from automated querying Do not send automated queries of any sort to Google's system: If you are conducting research on machine 
translation, optical character recognition or other areas where access to a large amount of text is helpful, please contact us. We encourage the 
use of public domain materials for these purposes and may be able to help. 

+ Maintain attribution The Google "watermark" you see on each file is essential for informing people about this project and helping them find 
additional materials through Google Book Search. Please do not remove it. 

+ Keep it legal Whatever your use, remember that you are responsible for ensuring that what you are doing is legal. Do not assume that just 
because we believe a book is in the public domain for users in the United States, that the work is also in the public domain for users in other 
countries. Whether a book is still in copyright varies from country to country, and we can't offer guidance on whether any specific use of 
any specific book is allowed. Please do not assume that a book's appearance in Google Book Search means it can be used in any manner 
anywhere in the world. Copyright infringement liability can be quite severe. 

About Google Book Search 

Google's mission is to organize the world's information and to make it universally accessible and useful. Google Book Search helps readers 
discover the world's books while helping authors and publishers reach new audiences. You can search through the full text of this book on the web 



at |http : //books . google . com/ 




c 



- \-\ ; 



M. ^<.0. 










1-). r- 



"-'AN.K.o.- 



f 



■ c 



THE 



Statutes of Nova Scotia, 



PASSKD IN THB 



FORTY-NINTH YEAR OF THB REIGN OF 
HER MAJESTY 



QUEEN VICTORIA, 



BEING THS 



FOURTH SESSION OF THE TWENTY-EIGHTH 
GENERAL ASSEMBLY CONVENED IN 
THE SAID PROVINCE. 




^ HALIFAX, N. S, i 

COMaMSSIOSEB OF BVBUO WORKS AND MINKS, QUEEN 's PRINTER^ 

1886. 



aOTA 800TU PRINTDrO COMPANY, 



L13966 

FEB 161938 



TABLE 



OF 

STATUTES OF NOVA SCOTIA, 

1886. 

TITLE. 

CAP. PAO« 

1. An Act to authorize certain grants in aid of 

Railways, and to provide for the completion 
and consolidation of the Railways between 
Halifax and Yarmouth 1 

2. An Act to incorporate the Halifax and Great 

Western Railway Company 39 

3. An Act respecting the sale of Intoxicating 

Liquors ^. . 67 

4. An Act to amend the Liquor License Act, 1886 121 

5. An Act respecting Public Charities 122 

6. An A.ct to amend Chapter 3 of tlj/ft BeJ^s^ed 

Statutes, Fifth Series, " Of the ^johiposition,: 
Powers, and Privileges of the liouses". . . . 131 

7. An Act respecting Corrupt Practkes at Election§ , 

of Members to 'the House of AssemfTly . . . ^ . ^* 132'*' 

Sb An Act to amend Chapter 4, Rurised Statutes, J 
" Of the Election of Members of the HqupO of 

Assembly" ^.^..l 133 

^ ^.-'^'-^ 



ir TABLE OF STATUTES. 1886w 

TITLES. 

CAP. PA6B: 

0. An Act to amend Chapter 7 of the Revised 

Statutes, " Of Mines and Minerals" 13* 

10. An Act to amend Chapter 8, Revised Statutes, 

" Of the Regulation of Mines'' • • 134 

11. An Act to amend Chapter 20 of the Revised 

Statutes^ '' Of Jails^ aad other County Build- 
ings'" 135. 

12. An Ac^ to amend Chapter 29 of the Revised 

Statutes, " Of Pliblic instruction," and certain 
other enactments 135> 

13. An Act to an>end Chapter 29, Revised Statutes, 

" Of Public Instruction" 13& 

14. An Act to amend Chapter 29, Revised Statutes, 

" Of Public Instruction" / 137 

15. An Act to amend Chapter 29, Section 35, Revised 

Statutes, " Of Public Instruction" 13a 

16. An Act respecting the Western Counties Rail- . 

way Company 13& 

17. An Act to* amend Chapter 40 of the Acts of 

187^, entitled *'An Act to incorporate the 
Nictauic and Atlantic Railway Company," 
and the Acts in amendment thereof 141 

18. An Act to amend Chapter 2", Revised Statutes, 

" Of Practitioners of Medicine ar.d Surgery" 142 

19. An Act to amend Chapter 32, Revised Statutes, 

" Of the Education of the Blind'* 145 

20. An Act to amend Chapter 35 of the Revised 

Statutes, " Of the Settlement and Support of 
the Poor" 14a 

21. An Act to amend Chapter S9 of the Revised 

Statutes, '* Of the Eneouragemeni ol Agri- 
culture "^ 144 

22. An Act to amend Chapter 42, Revised Statutes, 

" Of Commissioners of Sewers, and of Dyked 
Mnd Marsh Lands" 144 

23. An Act to amend Chapter 56 of the Revised 

Statutes, Fifth Series, " Of County Incorpora- 
tions" 147 

24. An Act to aftiend Chapter 56 of the Revised 

Statutes, "Hf County Incorporations " 148 

25. An Act to amend Chapter 56 of the Revised 

Statutes, " Of County Incorporations" .... ^ * 248k 

y 



1888. TABLE O'F STATUTES. v 

TITLBS. 
""CAP. PAOft 

£6. An Act to amend Chapter 57 of the Revised 
Statutes, Fifth Serks, "Of Controverted 
Elections of Mtinicipal and Town Councillors, 
and of corrupt practices" 149 

27. An Act to amend Chapter 58 of the Revised 

Statutes, " Of Municipal Assessments" 150 

28. An Act to amend Chapter 67, Revised Statutes, 

" Of Fences and Impounding of Cattle" .... 162 

29. An Act to amend Chapter 76 of the Revised 

Statutes, "Of the Preservation of Useful 
Birds and Animals" 153 

30. An Act to amend Chapter 79, Revised Statutes, 

" Of Joint Stock Companies" 153 

31. An Act to amend Chapter 84, Revised Statutes, 

'' Of the registry of Deeds and Encumbrances 
affecting lands ^ 153 

32. An Act to amend Chapter 92 of the Revised 

Statutes, "Of the Prevention of Frauds on 
Creditors by secret Bills of Sal.e^ 154 

33. An Act to amend Chapter 100, Revised Statutes, 

" Of the Probate Court" 155 

S4. An Act to amend Chapter 105 of the Revised 
Statutes, "Of C*junty Courts," and procedure 
therein 156 

35. An Act to amend Chapter 108 of the Revised 

Statutes. Fifth Series, "Of Barristers and 
Attorneys" : 159 

36. An Act to amend Chapter 1 09 of the Revised 

Statutes, "Of Judges, Justices, and other 
Judicial Officers". . .... 161 

37. An' Act to amend Chapter 112 of the Revised 

Sututes, Fifth Series, " Of the Limitation of 
Actions " . . • 181 

•38. An Act to amend Chapter 55 of the Revised 
Statutes, " Of Tenancies and Distress for 
Rent" 102 

*39. An Act to amend Chapter 128 of the Revised 

Statutes. Fifth Serien, " Of Costs and Fees" 1C2 

-40. An Act to amend Chapter 12S, Revised Statutes, 

" Of Costs and Fees " 102 

41. An Act to provide a free bridge across the Avon 
River, between Windsor and Falmouth, in the 
County of Hants 163 



vi TABLE OF STATUTES. 1886. 

TITLES. 

CAP. PAGE 

42. An Act to legalize Jury Lists and Panels, and 

Assessment Rolls, and Revisors' Lists for the 
present year 165 

43. An Act respecting the Steamship Service on the 

western coast of the Province 166 

44. An Act respecting Gaols, Municipal Lunatic 

Asylums, and Poor Houses 166 

45. An Act to legalize and confirm certain proceed- 

ings in the Supreme Court of Nova Scotia. . 170 

46. An Act to amend Chapter 36 of the Acts of 

1885, entitled "An Act to provide for the 
appointment of a Taxing Master" 172 

47. An Act to remove doubts in relation to certain 

Acts of the Legislature 173 

48. An Act relating to Executors and Administrators 

cum teatamento annexo 17^3 

49. An Act to amend the law relating to the Court 1 

of Divorce and Matrimonial Causes. 174 

50. An Act to amend the Nova Scotia Judicature 

Act, 1884 175 

61. An Act to amend Chapter 20 of the Acts of 1883, 
entitled " An Act respecting Bridges," and 
Acts in amendment thereof 177 

52. An Act to amend the Act relating to the expendi- 

ture of Provincial Road and Bridge Qrants. . 178 

53. An Act to remove doubts as to the eligibility of 

certain classes of persons for election as 
Municipal and Town Councillors 179 

64. An Act to provide for the registration of Horses 

for Breeding Purposes 180 

65. An Act respecting the claims of Charles C. 

Gregory 181 

56. An Act concerning the collection of Freight and 

Wharfage, and Warehouse Charges 181 

57. An Act to provide for the formation of Mutual 

Fire Insurance Companies 188 

58. An Act to provide for defraying certain expenses 

of the Civil Government of this Province . • 209 



1886. TABLE OF STATUTES. vii 



TITLES. 

CAP. PAOS 

59. An Act relating to the City of Halifax 215 

60. An Act to amend the Halifax City Assessment 

Act of 1883 219 

61. An Act to allow the City of Halifax to convey 

certain lands c 220 

62. An Act in relation to the purchase of Dalhousie 

College Building by the City of Halifax 221 

63. An Act in relation to the Stipendiary Magistrate 

for the City of Halifax 222 

64. An Act to amend Chapter 53 of the Acts of 1885, 

providing for an additional District for 
Electoral and Municipal Purposes in the 

County of Halifax 223 

6». An Act to enable the Municipality of Halifax 
County to purchase and equip a farm for the 
Poor 224 

66. An Act in relation to Lunatics confined in the 

Hospital for the Insane and chargeable to the 
County of Halifax 225 

67. An Act to change the name of a settlement in 

the County of Halifax 226 

68. An Act to amend and consolidate the Acts 

relating to the Halifax Protestant Orphans' 
Home 227 

69. An Act to authorize the sale of a lot of land 

purchased for fire purposes in the Town of 
Annapolis 228 

70. An Act to change the boundaries of Polling 

Districts No. 5 and 11 in the County of 
Antigonish 229 

71. An Act to change the name of a Settlement 

in the County of Antigonish 230 

72. An Act to enable the surviving Trustees of a 

Church in Baddeek in connection with the 
Church of Scotland, to convey certain lands 
to the Trustees of the Presbyterian Congre- 
gation of Baddeek in connection with the 
Presbyterian Church in Canada 230 

73. An Act to alter and enlarge the Eastern Bound- 

ary of Polling District No. 6 in the County 
of Cape Breton 231 



Wii TABLE OF STATUTES, 1886- 

TITI4KS. 

CAP. tAQ^ 

74. An Acfc to amend the Act to authorize the 

Municipality of Cape Breton to guarantee 
interest on certain Mortgage Bonds, and to 
assess the Municipality for the annual pay*^ 
ment of the interest guaranteed thereon .... 282 

75. An Act to revive and amend the Act to incor* 

porate the Cape Breton Bailway Extension 
Company, Limited . • • ^ 2M 

76. An Act to incorporate the Cape Breton Railway 

and annex Steamboat Company, Limited.. 236 

77. An Act to legalize proceedings of the Warden 

and Councillors for the Town of Sydney in 
the County of Cape Breton 241 

78. An Act to amend Chapter 31 of the Acts of 1882 

relating to Electoral Districts in the County 

of Colchester 241 

79. An Act to amend an Act to enable the Munici- 

pality of Colchester to borrow money to build 

a Registry Office 242 

80. An Act to enable the Municipality of Colchester 

to borrow money to defray existing claims. - 243 

81. An Act to provide for the Management and 

Improvement of the Cemetery in Upper 
Stewiacke. in the County of Colchester . . . « 244 

82. An Act to authorize the sale of the old Town 

Hall in Upper Stewiacke, in the County of 
Colchester 247 

83. An Act to amend an Act to enable the Munici- 

pality of Cumberland to borrow money for 
railway purposes 247 

84. An Act to further amend the Act to authorize 

the removal of an Aboiteau across the La 
Blanche River 248 

85. An Act to authorize the construction of an 

Aboiteau in the County of Cumberland .... 251 

86. An Act to amend the Acts relating to the Town 

of Dartmouth 252 

87. An Act to enable the Municipality of Digby to 

borrow money for fire purposes 304 

88. An Act to authorize the sale of the Reformed 

Episcopal Church at Digby 305 

89. An Act to change a polling place in the County 

of Guysborough • 306 



188C. TABLE OP STATUTES. k 

TITLES. 

CAT. PAO« 

00. An Act to divide Melford Polling District in the 

County of Quysborough 806 

01. An Act to amend the Act passed during the 

present session of the Nova Scotia Legi^ilature 
to divide Melford Polling District in the 

County of Quysborough 307 

92. An Act to provide for settlement by Arbitration 
of matters in dispute relative to Railway 
damages between tnc Municipalities of Quys- 
borough and St. Mary's 308 

03. An Act to enable the Municipality of Quys* 

borough to borrow money to construct a road 312 

04. An Act to add a Polling District in the Munici- 

pality of Inverness 313 

05. An Act to add a Polling District in the County 

of Inverness 314 

06. An Act to alter the boundary lines of certain 

Polling Districts in the County of Inverness 314 

07. An Act to determine the name of a settlement 

in the County of Inverness 315 

08. An Act to incorporate the Town of Kentville. . 315 
99. An Act to enable the Municipality of Lunenburg 

to borrow money to procure a Steam Fire 
Engine for the Fire District of Lunenburg. . 388 

100. An Act to enable the Trustees of School Section 

No. 1, in the Township and County of Lunen- 
burg, to borrow money 389 

101. An Act to enable the Municipality of Lunenburg 

to borrow money for ij^ Poor Farm 390 

102. An Act to enable the village of Mahone Bay to 

purchase land and erect an Exhibition Build^ 
ing 391 

103. An Act to legalize assessment of the Town of 

New QIasgow 395 

104. An Act to provide for supplying the Town of 

New QIasgow with water • 396 

105. An Act to consolidate and amen.1 the Acts 

relating to the Town of New Glasgow.... 402 

106. An Act respecting the right of way and station 

grounds for the Pictou Town Branch Railway 473 

107. An Act to confirm and establish certain Poor 

Districts in the County of Pictou 474 



X TABLE OF STATUTES. 1886. 

TITLES. 

CAP. PAGE 

108. An Act to change the name of a settlement in 

the County of Pictou 475 

109. An Act in reference to the manufacture of Iron 

and Steel in the County of Pictou 475 

110. An Act to change the name of certain settle- 

ments in the County of Queens 476 

111. An Act to change the name of a settlement in 

the County of Richmond 477 

112. An Act respecting the Lennox Passage Steam 

Ferry 477 

113. An Act to amend Chapter 58 of the Acts of 1883, 

entitled " An Act to authorize the Appropria- 
tion of Funds held by the Bishop of Nova 
Scotia for the benefit of the Parish of St. 
Margaret." 478 

114. An Act to amend Chapter 87 of the Acts of 1885, 

entitled " An Act to incorporate the Town of 

Sydney" 479 

116. An Act to incorporate the Sydney Young Men's 

Christian Association 488 

116. An Act to make further provision for the Con- 

struction and Repair of Bridges in the County 

of Victoria 489 

117. An Act to enable the Warden of the Town of 

Windsor to call a meeting of the residents of 
the Township of Windsor 491 

118. An Act to amend an Act to provide for supplying 

the Town of Windsor with water 492 

119. An Act in reference to St. John's Presbj'terian 

Congregation of Windsor 493 

120. An Act to incorporate the Old Ladies Home 

Society of Yarmouth 493 



121. An Act to confer certain powers upon the Halifax 

Graving Dock Company, Limited 497 

122. An Act respecting the Halifax Graving Dock 

Company, Limited 500 

123. An Act to amend Chapter 62 of the Acts of 1884, 

entitled "An Act to incorporate the Halifax 
Railway Company, Limited^' 501 



1886. TABLE OF STATUTES. xi 

TITLES. 

CAP. PAGE 

124r. Ad Act to incorporate the Halifax Street Rail- 
way Company, Limited 603 

125. An Act to amend Chapter 52 of the Acts of 1885, 
entitled "An Act to incorporate a Steam 
Ferry Company, Limited, between Halifax 
and Dartmouth 508 

1^6. An Act to amend an Act to incorporate the 

Halifax Company, Limited 511 

127. An Act to incorporate the Trustees of the First 

Baptist Church, Spring Qarden Road, Halifax 512 

128. An Act to further amend Chapter 76 of the Acts 

1867, entitled "An Act to incorporate the 
Merchants' Marine Insurance Company ". . . • 514 

129. An Act to incorporate the Amherst Coal and 

^ Mining Company, Limited 515 

130. An Act to amend the Act to incorporate the 

Avon Marine Insurance Company 522 

131. An Act to amend Chapter 66 of the Acts of 1884, 

to incorporate the Baptist Book and Tract 
Society 523 

132. An Act to amend an Act to incorporate the Cape 

Breton. and Pictou Iron Company, Limited. . 523 

133. An Act to incorporate the Trustees of the Pres- 

byterian Congregation of Carleton 525 

134. An Act to amend an Act to incorporate the 

Catholic Temperance Union of Nova Scotia 527 

135. An Act concerning Chebucto and Mayflower 

DivisiouH of Sons of Temperance 527 

136. An Act to incorporate the Forest Hill Cemetery 

Company, County of Colchester 528 

137. An Act to incorporate the Cowan Qold Mining 

Company 530 

138. An Act to incorporate the Cumberland Stock 

Improving Company, Limi^d 534 

139. An Act to incorporate the Pleasant Hill Ceme- 

tery, at Tiverton, in the County of Digby . . 536 

140. An Act to incorporate the Domestic Water 

Company, Limited • . . • 539 

141. An Act to amend an Act to incorporate the 

Eastern Development Company, Limited . • • • 543 

142. An Act to enable Daniel Malkin Eraser to obtain 

admission to the Bar of Nova Scotia 546 



Xii TABLE OF STATUTES. 1888. 

TITLES. 
CAP. PAGB 

143. An Act to amenfl the Act to incorporate the 

Qlace Bay Mining Company 547 

144. An Act to amend the Act to incorporate the 

Hopewell Woollen Mill Company. Limited . . 547 

145. An Act to authorise the International Coal 

Company, Limited, to operate for general 
purposes the railway between its Mines at 

Bridgeport and Sydney 548 

I4s(h An Act to revive and amend the Act to incor- 
porate the Inverness Railway Company, 
afterwards designated the Inverness Coal, 
Iron and Railway Company, Limited ; and 
the Acts in amendment thereof 549 

147. An Act to incorporate the Trustees of South 

Brook Cemetery, in the County of Inverness 550 

148. An Act to incorporate the Maritime Commercial 

Travellers' Association 553 

149. An Act to incorporate Nelson Division of Sons 

of Temperance, Lawrencetown 555 

15(X An Act to incorporate the Nova Scotia Fire 

Insurance Company, Limited 556 

151. An Act to incorporate the Opeleka Remedies 

Company, Limited 565 

152w An Act to incorporate the Central Cemetery 

Company, County of Pictou * 667 

153. An Act to incorporate the Greenwood Cemetery 

Company^ in the County of Pictou 570 

154. An Act to incorporate the Pictou Steam Ferry 

Company * 572 

155. An Act to incorporate the Stewiacke Valley and 

Lansdowne Railway Company, Limited .... 575 

156. An Act to amend Chapter 70 of the Acts of 1880, 

entitled "An Act to incorporate the Nova 
Scotia Sugar Refinery, Limited," and Acts in 
amend men t«thereof 579 

157. An Act to incorporate a Sugar RefiningCompany, 

Limited 580 

158. An Act to incorporate the Truro Condensed Milk 

and Canning Company, Limited 585 

159. An Act to amend the Act to incorporate the 

Union Furniture and Merchandize Company 589 



18SC. TABLE OF STATUTES. xiii 

TITLES. 

CAP. PAOK 

160. An Act to incorporate the Union Packing 

Company of Wood's Harbor, lioMted 591 

161. An Act to amend the Act incorporating the 

Vale Coal, Iron, and ManuFacturing Ccmpany 593 

162. An Act to amend Chapter 64 of the Acts of 18(i5, 

entitled "An Act to incorporate the Acadia 
Coal Company/' and to carry into effect an 
agreement of Amalgamation made between 
the Acadia Coal Company, the Halifax 
Company, Limited, and the Vale Coal, Iron 
and Manufacturing Company 594 

163. An Act to incorporate the Wanderers' Amateur 

Athletic Club 606 

164. An Act to revive and amend the Act to incor- 

porate the Whitehaven Railway Company, 
Limited, and to change the name of said 
Company .... 608 

165. An Act to amend the Act incorporatiiig the 

Shipowners' Marine Insurance Company of 
Windsor 613 

166. An Act to amend the Act to incorporate the 

Windsor Marine Insurance Company ...... 615 

167- An Act to incorporate the Maitland Telephone 

Company of Yarmouth 616 

168. An Act to incorporate the Plymouth Cemetery 

Company ,,.«,, « . 61d 



PUBLIC STATUTES, 



At the General Assembly of the Province of Nova Scotia, 
begun and holden at Halifax, on Thursday, 25th 
day of February, 188G, in the forty-ninth year of the 
reign of our Sovereign Lady Victoria, by the Grace 
of Gob, of the United Kingdom of Great Britain and 
Ireland, Queen, Defender of the Faith, &c., &c., &c., 
being the Fourth Session of the twenty-eighth General 
Assembly convened in the Province.* 

* In the time of His Honor H^rnnw Hetrt Riciirt, Eaquiref Lieutenant-Governor ; 
Bobert Bottk, President of the l^^islatiTe Council ; Angus SlacOillivray, Speaker of the 
Hoose of Assembly ; William S. Fielding, Provincial Secretary; and Henry C. D. Twining, 
deifc of the House of Assembly. 



CHAPTER 1. 

An Act to authorize certain Grants in aid of Railways, and 
to provide for the completion and consolidation of the 
Railways between Halifax and Yarmouth. 

the llth day of May, A. D. 1886.) 



Sicrioif. 

17. Transfer of Railways. 

18. Windsor k Annapolis Railway. 

19. Western Counties Railway. 

20. Issue of Prodamation. 

21. Evidence of Proclamation. 

22. Purchase money compensation. 

23. Deposit of purchase money. 

24. Public notice of deposit. 
26. Fees of Accountant General. 

26. Sum retained by Qovemment 

27. Appointment of Receiver. 

28. Powers conferred on Company. 

29. Powers conferred on Government. 
SO. Umitation of Act 

Agreement 

Schedule A. 

Receipt. 

Be it enacted by the Governor, Council, and Assembly, 
tis follows : — 

1. This Act may be cited as the " Railways Aid andshort title o! 
Consolidation Act, 1886." ^''*- 

2. ^ This Act consists of two parts, the Fii-st part, relat- composition of 
ing to'railways in the island of Cape Breton and to other ^"^ 
railways in the Province of Nova Scotia, and the Second 



SmcTK 
1. 


Short title Of Act 


2. 


Composition of Act 




FiROT Part. 


S. 


Preamble. 


4. 

5. 


AfM^ication of Grants, «b. 


-6. 


Construction of Railways. 
Cliarter may be granted. 


7. 


& 
0. 


Subsidies, bow payable. 
lesue of Debentures. 


10. 


Interest on Debentures. 


IL 


Issue without sinkinir fund. 




Skoitd Pakt. 


12. 


Interest in Railways. 
Agreement ratified. 


IS. 


14. 




15. 


Free Grants to Company. 


1«. 





2 49 Vic. CHAPTER 1. • 1886. 

Part, relating to the completion, and consolidation of the 
railways between Halifax and Yarmouth, and the confirma- 
tion of a certain Agreement. 

FIRST PART. 

Pieambie. 3 Wheveos, It is desirable that a railway shall be 

constructed through the island of Gape Breton, and it has 
been found that the aid provided by the Parliament of the 
Dominion for such railway is insufficient to secure its con- 
struction, and it is expedient to make further provision for 
said work by grants from the Province of Nova Scotia; 
and whereas, various other railways are projected in the 
Province of Nova Scotia, and claims are made upon the 
Province for aid to the same, and it is expedient to deter- 
mine and make known the measure of aid which the 
Province will provide in the case of such roads as may be 
of recognized public importance, and the terms and condi- 
tions upon which such aid may be given ; 

Be it therefore further enacted by the Governor, Coun- 
cil, and Assembly, as follows : 

For the purpose of assisting in the construction of a line 
of railway through the island of Cape Breton, from the 
Strait of Canso to Sydney or Louisburg, the Governor-in- 
Council may grant to any company or body corporate, or 
to any persons to be incorporated as hereinafter provided, 
the following subsidies ^and concessions : 

(a) A cash subsidy of three thousand two hundred 
dollars per mile, not exceeding in the whole two hundred 
and fifty-six thousand dollars. 

(6) A land subsidy of two thousand acres per mile, not 
exceeding in the whole one hundred and sixty thousand 
acres, such lands to be taken in the counties through which 
the railway shall run, and not to be given to the company 
until the completion of the whole line contracted for. 

(c) A right of way, gratis, in accordance with the pro- 
visions of chapter seventy of the Revised Statutes (Third 
Series.) 

(d) The exemption from municipal taxation of the 
railway and all its stations and station grounds, workshops^ 
buildings, yards and other property, rolling stock and 
appurtenances required for constructing and working such 
railway. 

AppUcation of 4* If it shall appear to the Govemor-in-Council that 
cnots, &c. QQ satisfactory contract can be made for the construction 
of the through line of railway mentioned in the next pre- 
ceding section, and that the public interests can be more 



1886. CHAPTER 1. 49 Vic. 

effectively served by applying the said Rubsidies and con- 
cessions to such sections of railways as, by connecting with 
the waters of the Bras d*Or Lake, will provide improved 
means of communication between the Strait of Canso and 
the principal places in the island of Cape Breton, the 
Govemor-in-Council may apply such grants and concessions 
accordingly, and for this purpose may divide and apportion 
the cash and land subsidies as follows, that is to say : 

(a) A sum not exceeding two hundred and twenty 
thousand dollars, and a land subsidy not exceeding one 
hundred and thirty-seven thousand acres, may be granted 
for any sections of the said railway, not less than fifty 
miles in the whole from the Strait of Canso, by way of St. 
Peter's, East Bsl}% Sydney and North Sydney, to the waters 
of the Little Bras d'Or, near George's River, in the County 
of Cape Breton. 

(6) A sura not exceeding thirty-six thousand dollars, 
and a land subsidy not exceeding twenty-three thousand 
acres, may be added to the grants of any company construct- 
ing a line of milway, not less than forty miles, from Bad- 
deck, in the County of Victoria, to Broad Cove or Margaree, 
in the County of Inverness, under the provisions of the 
fifth section of this Act. 

[2.] The provisions of chapter seventy of the Revised 
Statutes (Third Series) " Of Provincial Government Rail- 
ways," so far as the same are applicable (with the exception 
of the preamble, the first ten sections, sections twenty-four, 
twentj'-five, twenty -seven, and twenty -eight, sections thirty 
to forty-three, both inclusive, sections sixty, sixty-three, 
sixty-six, seventy-four, seventy-five and seventy-six), are 
hereby enacted in respect to the railways mentioned in the 
foregoing provisions of this part, and are made applicable 
thereto as if enacted herein, and the expression " commis- 
sioners " or " contractors " in such chapter seventy shall be 
held and taken to include any person or company entering 
into an agreement in respect to such railways as herein 
provided, and the expression " Railway Department " shall 
be held to apply to and include such person or company 
constructing such railway. 

5. The Governor-in-Council may grant to any company subBWies. 
offering to construct any line of railway in the Province of 
Hova Scotia, not already subsidized by the Province, a cash 
subsidy not exceeding three thousand two hundred dollars 
per mile, and a land subsidy not exceeding two thousand 
acres per mile. Provided that such subsidy shall not in any 
case be granted until the company offering to construct the 
railway shall have furnished to the Governor-in-Council 



4 49 Vic. CHAPTER J. 1886. 

satisfactory evidence that it has at its disposal, either from 
grants provided by the Parliament of Canada, or from 
private capital, or from both, funds sufficient, with the 
subsidies authorized by this part of this Act, to complete 
such railway, and shall have given ample security for such 
completion. 

eoDstnieUon of 6. The railways referred to in the first part of this Act 
^**"^*^ shall be constructed according to descriptions and specifica- 
tions, and upon conditions, to be approved by the Govemor- 
in-Council, and specified in an agreement or agreements to 
be made by the company or companies with the Govern- 
ment, and which the Government is hereby empowered to 
make ; the location also of every such line of railway shall 
be subject to the approval of the Governor-in-Council ; and 
the cash subsidy shall be payable by instalments on the 
completion of each section of the railway of not less than 
ten miles, or of one-fourth of the line contracted for, pro- 
portionate to the value of the portion so completed in com- 
parison with that of the whole work undertaken, to be 
established by the report of the Provincial Engineer, or 
other officer appointed for the purpose by the Governor-in- 
Council. 

chftrterim»3 be 7. If Satisfactory proposals for the construction of the 
*'*°***' ' railways mentioned in this part be made to the Govemor- 
in-Council by persons who are not incorporated, the Gov- 
emor-in-Council may grant to such persons, under such 
corporate name as he shall deem expedient, a charter, con- 
ferring upon them in whole or in part the franchises, 
powers and privileges granted under any existing laws of 
this Province to any company, as respects the construction 
or operation of lines of railway or steamships, and such 
charter, when published in the Moyal Gazette by order 6f 
the Govemor-in-Council, shall have force and effect as if it 
were an Act of the Legislature of Nova Scotia. 

Subsidies, how 8. The subsidics payable under and by virtue of the 
payable ^^^ ^^^^ ^f ^.j^j^ ^^^ ^jj^jj ^ ^^y j^^ Current moneys of 

the Dominion, or, at the option of the Governor-in-Council, 
by delivering to the company entitled to receive them, 
Provincial debentures bearing interest at the rate of four 
per centum per annum, payable half-yearly, which deben- 
tures the company shall be bound to receive at par. 

Issue :of Deben. 9. For the purposcs of the first part of this Act the 
turcs. Qovernor-in-Council may from time to time issue deben- 

tures to such an amount as may be necessary to' pay any 
subsidies to which any company may be entitled, which 



188& CHAPTER 1. 49 Vic 5 

debentares shall be expressed in the currency of the 
Dominion of Canada or in the sterling money of Great 
Britain, and shall be numbered consecutively, with coupons 
attached, bearing interest payable semi-annually at a rate 
not exceeding four per centum per annum, and shall be in 
such form, and verified and authenticated in such manner, 
and for such sums, not less than four hundred dollars or the 
sterling equivalent thereof each» and on such conditions, as 
the Govemor-in-Council shall prescribe, the principal of 
such debentures to be repaid in full not later than at the 
expiration of thirty years from their date to the holders 
thereof. 

10. There shall be included in the estimates of ©^P^^-J^Swi^" ^^ 
diture submitted to the House of Assembly in each year a 

sam sufficient to pay the interest on any debentures issued 
under the authority of the first part of this Act for the 
year for which such estimates are made, and also a sum 
not to exceed one per centum on such debentures for the 
purpose of a sinking fund, if such be expressed in the 
debentures, and the sums so estimated shall when voted 
be appropriated to the payment of such interest and sinking 
fund, and to no other purpose. 

11. It shall be lawful to issue such debentures, or any iwue without 
part thereof, without provision for a sinking fund, if such"* "*^ '^ 
issue be deemed expedient by the Governor-in-Council. 

SECOND PART. 

12. Whereas, the Province of Nova Scotia possesses inte«5«t in luii. 
certain interests in the railways hereinafter mentioned, as''^* 
follows : 

(1.) The right to acquire the Windsor and Annapolis 
Bailway, with all the privileges and franchises pertaining 
thereto, according to the provisions of Chapter 13 of the 
Acts of 1865 ; 

(2.) Certain powers of disposing of the Western Coun- 
ties Railway and all its franchises ; 

(3.) The right of acquiring the Windsor Branch Railway 
and running powers over the Intercolonial Railway from 
Windsor Junction to Halifax ; 

Arui whereas, it is desirable to utilize such powers with 
a view to the consolidation of said railways under one 
management, in order to ensure their more efficient and 
economical working, and to secure to the Province advan* 
tages commensurate with the large expenditure of Provincial 



49 Vic. CHAPTER 1. 1886. 

money on the said railways, and to give more completion 
to the Western railway system ; 

And whe^'eaa, the House of Assembly of Nova Scotia 
declared by resolution on the 19th day of April, 1884, that 
the Government should be authorized and empowered to 
enter into negotiations with any person or persons, cor- 
poration or corporations, for the purpose of effecting such 
consolidation and completion, and to enter into a contract 
having the said end in view, such contract to be subject 
to approval and ratification by the Legislature ; 

And whereas, the Government of Nova Scotia has 
entered into negotiations with various persons for the 
purpose of carrying into effect the said resolution, and has 
received several proposals, and has entered into a contract 
or asfreement, which has been laid before the Legislature, 
for its approval ; 

And whereas, a copy of the said Agreement is appended 
hereto, and it is expedient to approve and ratify the 
agreement, and to make provision for the carrying out of 
the same ; 

And wherea^y the sum of five thousand pounds sterling 
has been deposited with the Government under the said 
agreement, and for the purposes therein mentioned ; 

Be it therefore further enacted by the Governor, Coun- 
cil, and Assembly, as follows : 

In the second part of this Act — 

(a) The expression "Association" means the Joint 
Stock Association Limited, a body corporate, duly incor- 
porated under the laws of the United Kingdom of Great 
Britain and Ireland, and having its registered office or 
head office in that part of the United Kingdom called 
England. 

(6) The expression "Railway Company" means the 
Company to be organized by the Association for the 
purposes mentioned in the Agreement, designated as " the 
Company" in said Agreement, and to be incorporated under 
the laws of Nova Scotia, or by an Act of the Legislature 
of Nova Scotia, or by an Act of the Parliament of Canada, 
or by both, for the purpose of acquiring, constructing, 
completing and working the railways mentioned in the 
Agreement. 

(c) The expression " the agreement" means the Agree- 
ment hereto appended. 

(d) The expression "undertaking" includes railways, 
buildings, rolling stock, plant, property, assets, rights, 
privileges, franchises and concessions. 



1886. CHAPTER 1. 49 Via 7, 

3.3. The Agreement, a copy of which with schedule A^««ment »*i* 
jucfcnexed is appended hereto, is nereby approved and ratified 
juid made binding upon the Association and the Govern- 
ment, and the Grovemment is hereby authorized to perform 
.&xid carry out the conditions thereof according to their 
purport. 

(2.) Upon the incorporation of the Company it shall 
l>e bound by the Agreement, and be subject to all the 
ol>ligation8 therein contained according to the terms thereof, 

14. Upon the organization of the Railway Company, Government en* 
waid upon its becoming bound for the performance of the ®"^"**^°*' 
stipulations and covenants contained in the Agreement, 
and in consideration of the performance by the Railway 
"Company of such stipulations and covenants, the Gov- 
ernment may, subject to the terms of the Agreement, by 
its appointed agent, upon the bonds or original certificates 
of stock issued by the Company under the Agreement, sign 
an endorsement binding the Government to pay the interest 
on the bond or stock half-yearly in London for a period 
of twenty years from a date agreed on, and the Govern- 
ment may from time to time thereafter pay in respect to 
such bonds and stock in the manner provided in the 
Agreement such sums as shall be required to make up the 
deficiency or difference between the actual amount of the 
net earnings for any half year of the consolidated railway 
from Halifax to Yarmouth, or such portion thereof as shall 
be operated by the Railway Company during the term ii^ 
the agreement mentioned, and the sum of twenty thousand 
pounds sterling, the whole in manner and form as provided 
for in the said Agreement. 

15. The Government may also make such free grants Free Grants to 
to the Railway Company as are mentioned in the Agreement, °'p*"^' 

at the times, in the manner, and upon the conditions in 
the Agreement mentioned, and may cause to be executed 
all grants, transfers and conveyances, and do all other acts 
and things necessary or incidental to the full carrying out 
of the Agreement 

16. If the Railway Company in the construction of i*"'* dA"»«««' 
the line of railway between Annapolis and Digby follows 

and nses the right-of-way or route already expropriated, 
the company shall have and possess the said right-of-way 
as a part of the property acquired from the Western 
Counties Railway Company, but if in such construction 
there is any change or deviation in the location of the 
line of railway as it exists at present, the land damages in 



8 49 Vic. CHAPTER 1. 1886. 

respect of such additional land for track or stations, caused 
by such change or deviation in location, shall form part of 
the cost of construction of the said line, and in such case- 
the lands already expropriated as aforesaid shall be the 
property of the company. 

T»a»8ferof Rail 17. The Directors of the Windsor and Annapolis Rail- 
^**^ way Company and of the Western Counties Railway 

Company may enter into and conclude negotiations for the 
acquisition by, and the transfer and delivery to, either the 
Government or the Railway Company of the whole or any 
portion of the respective railways of the companies in this 
section mentioned, and the property and assets in connection 
therewith or belonfjing or appertaining theVeto, and also all 
the rights, privileges, franchises, concessions and subsidies 
of the said companies, or to which either of them may be 
entitled, but the terms of the acquisition shall be subject 
to the approval of the Governor-in-Council. 

Windsor k An- 18. The Directors of the Windsor and Annapolis 
napoiis Railway, j^ij^^y Company may— 

First — Sell and transfer its undertaking to the Railway 
Company either — 

(a) For a fixed sum, payable in cash or guaranteed 
securities, or partly in cash and partly in securities ; or 

(6) For certain sums to be fixed separately for each 
of the several classes of debenture stock and shares,, 
preference or ordinary, and to be distributed separately 
among the holders of such classes respectively ; or — 

Secondly, — They may sell and transfer to the Railway 
Company the interest of the preference and ordinary 
shareholders, subject to the charges and incumbrances of 
the A and B debenture stockholders. 

[2.] The consent of a majority of the preference 
shareholders and of a majority of the ordinary shareholders,, 
present in person or by proxy at an extraordinary general 
meeting, called for the purpose, shall be sufficient authority 
to the directors to sell and transfer the interests of these 
classes. 

[3.] If the first method of sale or transfer be adopted 
the terms approved by the shareholders shall require the 
consent in writing of the holders of three-fourths of the 
A debenture stock, and of the holders of three-fourths of 
the B debenture stock, and such consent shall be binding^ 
upon the holders of the remainder of each class of stocky 
and shall be authority to the directors to sell and transfer 
the undertaking. 



1886. CHAPTER 1. 49 Vic. 9 

[4.] If the consent of three-fourths of either class of 
debenture-holders cannot be obtained, the undertaking may 
be transferred to the Railway Company, subject to the 
rights and charges of the class of debenture-holders so 
dissenting. 

[5.] The Railway Company ma> negotiate with such 
dissenting class or classes of debenture-holders, individually 
or collectively, to pay off, and may pay off, their debentures, 
or exchange them for guaranteed securities of the Railway 
Company ; and if any member of such disseivting class 
does not consent to such payment or exchange, the Railway 
Company shall deposit with the Government guaranteed 
securities of the Kailway Company yielding an annual 
interest equal to the interest on the A and B debenture 
stock so outstanding as security for the payment of interest 
thereon, and the Railway Company shall assume the obli- 
gations of the Windsor and Annapolis Railway Company 
to such del enture-holders until all the outstanding 
debenture stock is paid off or exchanged. Provided always 
that nothing in this section contained shall prejudice or 
lessen any right or claim which any dissenting debenture- 
holder would otherwise have against the undertaking of 
the Windsor and Annapolis Railway Company, or shall 
interfere with the guarantee granted by the Province of 
Nova Scotia upon fifty thousand pounds of the A deben- 
ture stock for the period of twenty years from 1877. 

[6.] In the event of the undertaking of the Windsor 
and Annapolis Railway Company being transferred by 
amicable arrangement in the manner hereinbefore provided, 
the said Company may, after the completion of the transfer, 
be dissolved and wound up. 

19. The Directors of the Western Counties ^^^ilway^Jtwii coun. 
Company may negotiate the sale and transfer, and may sell 
and transfer, the undertaking of the Company to the Rail- 
way Company, upon terms to be approved by the Gover- 
nor-in-Council. 

[2.] Such terms shall be subject to the approval and 
ratification of a majority of voters of the holders of the 
stock, debenture stock, shares of other securities of the 
company entitled to vote at a general or special meeting 
thereof called for the purpose, and hereinafter called " the 
voters," and such approval shall be final, binding and con- 
clusive upon all the holders of stock, debenture stock, 
shares or other securities of the Company. 

[3.] Failing the completion of the negotiations in this 
section mentioned or the ratification thereof by the com* 



10 49 Vic. CHAPTER 1. 1886. 

pany, or in case the Governor-in-Council may for any 
reason so decide, a general or special meeting of the voters 
of such company may be called by the Provincial Secretary. 

[a] Notice of such meeting to be called by the Provin- 
cial Secretary shall be published for a period of not less than 
one month before the date fixed for such meeting in the 
following newspapers, that is to say in the Canada Oazette, 
at Ottawa, weekly, in the Royal Gazette newspaper at 
Halifax, weekly, and in the Times newspaper in London, 
at least once in each week. 

[b] Such notice shall include the time and place of the 
said meeting, which shall be in accordance with the charter 
and by-laws of the Company, and shall also contain a brief 
statement of the proposals to be submitted for considera- 
tion and decision at such meeting. 

[c] Such proposals shall be voted upon at such meeting 
by those only who are entitled to vote at general or special 
meetings of the Company, and a majority of the votes shall 
decide every question submitted to such meeting, notwith- 
standing any provision in the charter or by-laws of the 
Company, or in the statutes of the Province, and such 
decision shall be final, binding and conclusive upon all the 
holders of stock, debenture stock, shares or other securities 
of the Company. 

[4.] Whereas, in the year 1879, fifty-five thousand 
pounds sterling of B debenture stock, bearing interest at 
five per cent, were issued, bearing the guarantee of the 
Province until redemption, and were to be paid off by a 
sinking fund of thirteen hundred and fifty pounds per 
annum, therefore be it further enacted, that nothing in this 
part contained shall interfere with the said guarantee or 
prejudice the holders of such bonds, who shall have the 
same rights and claims until the debenture stock is bought 
up, exchanged or paid off, against the undertaking of the 
Western Counties Railway as they would have had if this 
part had not been passed ; and if the undertaking shall be 
sold or transferred under the provisions of this or any other 
Act to the Railway Company, the obligations of the West- 
em Counties Railway Company towards the holders of the 
said debenture stock shall be assumed by the Railway 
Company, but the Government in such case shall indemnify 
the Railway Company against any claims of the said deben- 
ture-holders whether for principal or interest 

bmot Pfocto. 20. After the Railway Company shall have acquired 
by amicable arrangement the Windsor and Annapolis Rail- 
way and the Western Counties Railway, or failing such 



1886. CHAPTER 1. 49 Vic. 11 

Amicable acquisition, then after the Qovemment shall have 
taken the proceedings, and put in force or exercised the 
powers and authorities mentioned in the Agreement, for the 
purpose of handing over the said railways and property to 
the Railway Company, as therein provided, and shall have 
taken the proceedings necessary in that behalf, the Qover- 
Dor-in-Council may issue a proclamation, published and 
promulgated in the usual way, which shall vest in the 
Company the said railways and their franchises, easements, 
tp!b\ and personal property, and appurtenances belonging to 
or connected therewith, free from all other leases, encum- 
brances, liens, mortgages, easements, charges, judgments, 
claims or obligations whatsoever, except those created by 
or under the Agreement, and thereafter no existing or 
former claim, debt, judgment, lien, encumbrance, easement 
or obligation of any kind or description, except such as are 
created or continued by or under the Agreement, whether of 
the Government, or of any person or Company, corporation 
or holder of stock, shares, bonds, debentures or other securi- 
ties, shall prevail against the said railways and other pro- 
7)erty and things in such proclamation mentioned, or have 
any effect whatever against the said railways, property or 
Railway Company. Provided always, that at all times here- 
after the Government of Nova Scotia shall have the right 
to claim, recover and receive for its own proper use from 
the Government of Canada all subsidies, moneys and aids 
heretofore granted, or hereaft<'r to be granted, by the Prov- 
ince in connection with the said lines of railway, and such 
right is hereby reserved to the Government of Nova Scotia, 
and shall not be vested in the Railway Company. 

21. A copy of the official Gazette purporting to be Evidence oi pro- 
printed by the Queen's Printer, containing a copy of any *^**™****'"' 
such proclamation, sha>l be receivable in evidence, and shall 

be conclusive and absolute proof of the facts and statements 
contained therein, and of the publication of such procla- 
mation, and neither the omission of any material fact from 
such proclamation, nor the non-publication of the procla- 
mation, shall prejudice any rights the Railway Company 
may have or be entitled to. 

22. The purchase money or securities which mav be Purchwe money 
payable by or provided to be given by the Railway Com-*^"^"** ^^ 
pany or the Government, und^r any statute or contract 

now in force relating- to the acquisition of any of the said 
(railways, shall be held and taken to be the compensation 
for any such railway or any such claim, debt, judgment, 
lien, encumbrance, easement or obligation. 



12 49 Vic. CHAPTER 1. 1888. 

Depottt of pur. 23. If any dispute shall arise as to the distrihution of 
chase money. ^^^^ purchase mouey or securities, between the persons 
who claim to be entitled thereto, or any part thereof, or if 
any person or corporation to whom such compensation or 
any part thereof, is payable, refuses to accept the same, or 
cannot be found, or is unknown, or if for any other reason 
the Governor-in-Council shall deem it advisable, he may 
direct such purchase money or securities to be deposited 
with the Accountant General of the Supreme Court of 
Nova Scotia, or in any chartered bank in Nova Scotia. 

Public notice of 24. Public noticc of such deposit shall be given, and 
^^^^ ' th(9 Supreme Court of Nova Scotia shall make such order 

for the distribution, payment or investment of the compen- 
sation, and for selling the rights of persons interested, as- 
right and justice shall require, and may refer any matter 
to a master or masters, or to any other officer of the court,, 
and may confirm, modify, reject or refer back anj' report 
made upon such reference, or may make such order there- 
upon, as may seem right and just. 

Fees of Account- 25. The fces of the Accountent General for any ser- 
ant-oenerai. yiQQg under this part shall be such as the Governor-in* 
Council shall direct. 

Sum retained by 26. In any arrangement for the amicable acquisition of 
overnmen fchc 'Western Counties Railway the sum of twenty thousand 
dollars shall, out of the price to be paid, be retained by the 
Government and applied by them to the payment of certain 
claims in respect of the said railway, that is to say : First,, 
the claims of persons who have supplied timber used in the 
construction of the Weymouth Bridge. Second, the claims- 
of the Counties of Annapolis and Digby, for interest on 
cost of right of way under the provision of an agreement 
made on the sixteenth day of August, 1879, between Her 
Majesty the Queen, represented by the Commissioner of 
Public Works and Mines foi the Province of Nova Scotia,, 
and the Western Counties Railway Company, but nothing 
contained in this clause shall be held to defeat or prejudice 
the claims of any creditor of the Western Counties Railwaj" 
Company against such company unsatisfied by the said 
payments. 

Appointment of 27. If the Railway Company or the trustees for the 
Receiver. dcbenture-holders shall fail to operate the railway, or any 

portion thereof, in the manner required by the Agreement/ 
the Government may by summary application or otherwise 
apply to the Supreme Court for the appointment of a 
Receiver over the same, and the court shall thereupon 



1886. CHAPTER 1. 49 Vic. 13 

.appoint such Beeeiver, who shall be subject to the orders 
and directions of the court, and who shall enter into 
possession of and hold, work, and operate the railways, 
under the direction of the Court. Nothing herein con- 
tained shall prevent the exercise by the Government of 
any other remedy it may have, whether mentioned in the 
4igreement or otherwise. 

28. All the franchises and powers necessary or useful f^^'^J"*^ «»"• 
to enable the Railway Company to carry out, perform, c^mpany.^" 
-enforce, use and avail itself of every condition, stipulation, 
negotiation, duty, right, remedy, privilege and advantage 
agreed upon, contained or described in the Agreement, are 
hereby conferred upon the Railway Company, and the 
enactment of the special provisions in this Act contained 

ahall not impair or derogate from the generality of the 
franchises and powers hereby conferred upon it. 

29. All the powers and authorities necessary or useful P^wew^ow^ 
io the Government of Nova Scotia, to enable them to carry oovernment. 
oat, perform, enforce, use and avail themselves of every 
•condition, stipulation, negotiation, duty, right, privilege and 
advantage agreed upon, contained or described in the Agree- 
ment, are hereby conferred upon the Governor-in-Council, 

and the enactment of the special provisions contained 
herein shall not impair or derogate from the generality of 
the powers and autnorities hereby conferred. 

30. Nothing in this Act contained shall affect, limit, ^»^*t»t»ono« 
^Iter, amend or defeat the powers, privileges, remedies or 

rights of the Government in respect to any of the Railways 
of the Province, under or by virtue of any existing 
law, or charter, contract or agreement, or under any other 
•authority. 



AGREEMENT, 

Whereas, the House of Assembly of Nova Scotia did Agwement 
on the nineteenth day of April, 1884, come to the following 
-resolution : — 

•* Whereas, the Province of Nova Scotia possesses certain 
^ interests in the railways hereinafter mentioned as follows : 

*' First, — The right to acquire the Windsor and Annapolis 
^ Railway, with all the privileges and franchises pertaining 
" thereto, according to the provisions of chapter 13 of the 
" Acts of 1865. 



14 49 Vic. CHAPTER 1. 1886^ 

" Seconds — Certain powers of disposing of the Westerik 
" Counties Railway and all its franchises. 

" Third. — The right of acquiring the Windsor Branch 
" Railway and running powers over the Intercolonial Rail^ 
" way from Windsor Junction to Halifax. 

'' Avd whereas. It is desirable to utilize the powers 
" above referred to with a view to the consolidation of said 
" railways under one management, in order to ensure their 
" more efficient and economical working, and to secure ta 
" the Province advantages commensurate with the large 
" expenditure of Provincial money on said railways, and 
"' to give more completion to the Western railway system ; 

"Be H therefore resolved, That the Government b& 
** authorized and empowered to enter into negotiations 
" with any pferson or persons, corporation or corporations,. 
'* for the purpose of effecting such consolidation and com- 
" pletion, anrl to enter into a contract having the said end 
" in view, such contract to be subject to approval and 
" ratification by the Legislature." 

And whereas, The Government of Nova Scotia have 
entered into negotiations with various persons for the 
purpose of carrying into effect the said resolution, and 
have received several proposals, and have accepted one of 
such proposals, subject to the approval of the Legislature,, 
and it is expedient that an agreement be made and entered 
into on the basis of such accepted proposal. 

Now this Agreement, made in duplicate this fourth day 
of May, in the year of our Lord one thousand eight hundred 
and eighty-six, between Her Majesty the Queen in regard 
to Her Province and Government of Nova Scotia (herein- 
after called the Government) represented herein under the 
authority of a minute of the Executive Council approved 
by His Honor the Lieutenant-Governor, under date of the 
3rd day of May, A D. 1886, by the Honorable Charles 
E. Church, Commissioner Public Works and Mines, of the 
one part, and The Joint Stock Association, Limited, a body 
corporate, duly incorporated under the laws of the United 
Kingdom of Great Britain and Ireland, and having its 
registered office or head office in that part of the United 
Kingdom called England, of the other part, witnesseth as 
follows : 

In this Agreement the word " Government" shall mean 
the party hereto of the first part, the word " Association"' 
shall mean the party hereto of the second part, and the 
word " Company" shall mean the company to be organized 



1886. CHAPTER 1. 49 Vic. 15 

by the Association for the purposes hereinafter expressed, 
and to he incorporated as hereinafter mentioned. 

The Gk)vemment and the Association mutually covenant, 
promise and agree to and with each other as follows : 

1. The Association bhdll organize a company, herein- 
after called "the Company," which shall be incorporated 
under the laws of Nova Scotia, or by an Act of the 
Legislature of the Province of Nova Scotia, or by an 
Act of the Parliament of the Dominion of Canada, or 
by both, which shall have its principal office in the Province 
of Nova Scotia, for the purpose of acquiring, constructing, 
completing and working the railways hereinafter mentioned 
in the Province of 'Nova Scotia, and the Association shall 
raise for the Company the new capital required to carry 
out the objects of this Agreement, by issuing or causing to 
be issued to the public the guaranteed securities to be 
created by the Company under the provisions of the third, 
twenty-ninth and forty-eighth clauses of this Agreement. 
The Association shall not be bound to make such issue 
until the conditions contained in the thirtieth clause have 
been fulfilled, but shall be bound to offer the said securities 
to the public within twelve months thereafter. The 
Association shall be at liberty to fix the price of issue at 
such rate as they may deem advisable, not being less 
favorable to the Company than the minimum laid down in 
a sealed confidential memorandum of this date, signed by 
the parties hereto, and deposited with the Provincial 
Secretary. 

2. The original ordinary stock of the Company shall 
be fixed at an amount not exceeding the total expenditure 
upon capital account incurred in the construction of the 
lines to be acquired, including the Windsor Branch, as 
shown in the ofiicial returns to Dec. 31, 1885, after deduct- 
ing therefrom the cost of acquiring the lines, including 
the sum to be retained by the Government on account of 
subsidies and aids heretofore granted by them as herein- 
after provided 

3. The Company shall have power, subject to the 
provisions hereinafter contained, to issue perpetual deben- 
ture stock, or other securities approved by the Govemor- 
in-Council, having the interest thereon secured by the 
guarantee of the Province for the period of twenty years 
in the manner hereinafter provided. 

4. The Company shall, subject to the provisions here- 
inafter contained, acquire by an amicable arrangement, if 



16 49 Vic. CHAPTER 1. 1886. 

practicable, or failing that then under such rights, powers, 
privileges and authorities as are now possessed or may 
hereafter be possessed or acquired, either by the Govern- 
ment or the Company, the Windsor and Annapolis Railway 
and the Western Counties Railway, together with all and 
singular the branches and ext^sions thereof, and all and 
every of the rights, powers, grants, concessions, privileges, 
subsidies, franchises, real and personal property, and assets 
of the said railways and railway companies, and each of 
them, and the Company shall pay all expenses which the 
Government shall incur in exercising any of its powers 
for the purposes aforesaid. 

5. The Company shall construct, complete and equip 
the unfinished portion of the Western Counties Railway 
between Annapolis and Digby on the right-of-way already 
provided for the purpose of the construction of such 
railway, or by or upon such other route as may be adopted 

' by the Company, with the approval of the Governor-in- 
Council. If the Compan}^ in the construction of the line 
between Annapolis and Digby, shall follow and use the 
right of way or route already expropriated or located, the 
Company shall have and poasess the said right of way as 
a part of the propert}"^ acquired from the Western Counties 
Railway Company, but if in such construction there is 
any change or deviation in the location of the line of 
railway as it exists at present, the land damages in respect 
of such additional land for track or stations, caused by 
such change or deviation in location, shall form part of 
the cost of construction of the said line, and in such case 
the lands already expropriated as aforesaid for the original 
location shall be the property of the Company, and the 
proceeds of the sale of any of such lands shall be applied 
to the construction or repair of the railway. 

6. The construction of such unfinished portion of said 
Western Counties Railway shall be commenced at the time 
hereinafter provided, and shall be prosecuted with all 
reasonable speed, and shall be completed to the satisfaction 
of the Governor-in-Council within the period of two years 
from the date of such commencement. But if any delay 
or interruption to the works be occasioned by causes 
beyond the control of the Company, the period for com- 
pletion shall be extended accordingly. 

7. The Company shall, when required by the Governor- 
in-Council, construct or provide the requisite wharves for 
railway business at Yarmouth and Digby, and such other 



1886. CHAPTER 1. 49 Vic, 17 

waterside accommodation as the Goveraor-in-CouncU shall 
aj^rove. 

8. The said unfinished portion of the Western Counties 
Railway between Annapolis and Dighy shall be constructed 
in a first class, substantial and workmanlike manner, and 
in accordance with the specifications which have been 
agreed upon and signed by the parties hereto on the fourth 
day of May, A. D. 1886, or such amended specifications as 
may hereafter be agreed to between the Government and 
the Company. 

9. The Company shall have powers granted to them 
in their charter to construct the following additional lines 
of railway, or any of them, if and when they see fit, that 
is to say : 

(a) A railway from a point at or near Windsor to a 
point at or near Truro ; 

(6) A railway from a point at or near Windsor Junction 
to Dartmouth ; 

(c) A railway from a point between Windsor and 
Windsor Junction to Halifax ; 

(d) A railway from Yarmouth to Shelburne; 

And also powers to acquire or lease the Nova Scotia, 
Nictaux and Atlantic Central Railway. 

10. The Company shall commence the construction of 
the said unfinished portion of the Western Counties Rail- 
way between Annapolis and Digby a«» soon as the Company 
shall have acquired the rights and property of the Windsor 
and Annapolis Railway Company, and of the Western 
Counties Railway Company, and shall have obtained a 
leasehold interest in the Windsor Branch and shall be in 
actual possession of the said Windsor Branch, and shall 
have obtained from the Government of Canada running 
powers over the Intercolonial Railway between Waverly 
or Windsor Junction and the city of Halifax, on the terms 
hereinafter mentioned, and also a binding agreement for 
the absolute transfer of the said Windsor Branch at the 
time hereinafter mentioned, and for the payment of the 
-subsidy provided for by Chapter 8 of the Acts of the 
Parliament of Canada, 1884, as hereinafter mentioned, but 
the Company may commence such construction on such 
^earlier date as may be agreed upon between the Govern- 
•inent and the Company. 

11. If at any time during the progress of the works 
it should apoear to the Governor-in-Council that the force 

2 



18 49 Vic. CHAPTER 1. 1886. 

employed, or the rate of progress then being made, or the 
general character of the work being performed, is not such 
as to ensure the completion of the said works within the- 
time stipulated or in accordance with this Agreement, the 
Oovernor-in-Council shall be at liberty to take the works- 
out of the hands of the Company, and employ such means- 
as he may see fit to complete the works out of the funds^ 
raised under the guarantee, and on their completion shall 
hand over the works to the Company, and in such case 
the Company shall transfer to the Government its right 
and title to the subsidy of sixty-four thousand dollars 
payable by the Government of Canada. 

12. The Company shall employ competent engineers 
to make the necessary surveys, plans of locations and 
structures, as hereinafter described or required, and shall 
pay all expenses connected therewith. 

13. The Company shall effect all necessary repairs to 
and renewals of the Windsor and Annapolis Railway and 
the Western Counties Railway, including the following 
repairs and renewals : 

(a) The Company shall from time to time relay and 
keep relaid with steel rails all such portions of the said 
railways as shall from time to time, and at all times 
hereafter, require to be relaid with rails, so that all the 
railways as soon as practicable shall be laid and kept laid 
with steel rails ; provided that any iron rails which are 
still fit for use, and are taken up in relaying any portion 
of the line with steel rails, may be utilized in repairs. 

(5) The Company shall erect or renew fences along 
the whole of the said lines of railway wherever necessary. 

(c) The Company shall so ballast the whole of the 
said lines of railway that express trains can be run from 
end to end of the whole system, that is, from Halifax to 
Yarmouth. 

{d) The Company shall improve the existing station 
accommodation, and shall erect proper workshops, or repair 
and extend thase already erected. 

(e) The Company shall provide and erect efficient 
signalling apparatus upon and throughout the said railways 
wherever necessary. 

The above mentioned repairs and renewals shall be 
effected at such time or times as the Govemor-in-Council 
shall or may require, and in accordance with the specifi- 
cations hereinbefore referred to. Provided that the Com* 



1886. CHAPTER 1. 49 Vic. 10 

pany shall not be required to expend any money upon 
repairs or renewals to the Windsor Branch till the 
ownership of that railway has been transferred to the 
Company. Nothing herein contained shall be held or 
construed to impose any obligation upon the Company to 
expend upon the acquisition, construction, completion, 
equipment, renewals and repairs chargeable to capital 
account of the said railways, together with the legal, 
engineering and other costs, charges and expenses of and 
incidental thereto, an amount greater in the aggregate than 
the net proceeds of the securities issued under the guarantee 
aforesaid. 

14. The Company shall be held responsible for the 
payment of all labor, whether such payment is due directly 
by them or by any contractor or sub-contractor engaged in 
the construction of the work under them, and in case the 
Company, contractor or sub-contractor fails to pay for such 
labor after the payment is due, the Government shall have 
the right to apply the funds raised under the guarantee, 
or any portion thereof, to the payment of such liabilities. 

15. The Company shall well and efficiently construct, 
work and operate, maintain and equip, and continue to 
work and operate, maintain and equip, the Western Counties 
Railway and the Windsor and Annapolis Railway, and 
also the said W^indsor Branch, so soon as the Company 
shall have obtained possession of the .said railways, or 
either or any of them respectively, in a manner to be 
approved by the Governor-in-Council, and in compliance 
with and in accordance with the provisions of Chapter 53 
of the Revised Statutes of Nova Scotia, fifth series, and 
with the provisions of any other laws or statutes in that 
behalf now in force, or which hereafter shall be in force 
in the Province of Nova Scotia, except in so far as the 
same are or may be repugnant to or inconsistent with or 
expressly varied or excepted by this Agreement or the 
Company's Act of Incorporation. 

16. So soon as the said unfinished portion of the 
Western Counties Railway between Annapolis and Digby 
shall be completed, and the Company shall have obtained 
running powers over the Intercolonial Railway from 
Windsor Junction to Halifax, the Company shall in the 
manner above specified, and in compliance with said pro- 
visions, work and operate, maintain and equip, and continue 
to work and operate, maintain and equip, the whole line 
from Halifax to Yarmouth as one consolidated system. 



20 49 Vic. CHAPTER 1. 1886. 

17. The tariff of charges and tolls on the said con- 
solidated line from Halifax to Yarmouth, and on every 
part thereof which may at any time be worked or operated 
by the Company, shall not exceed the maximum tariff 
contained in Schedule A, hereto attached, but the Company 
shall be entitled to charge such fares and tolls within such 
maximum tariff as they may think fit. If at any time the 
net profits of the Company nheM exceed five per centum 
per annum upon their ordinary stock, the Government 

* shall be at liberty to require the Compan}"* to make, and 
the Company shall thereupon make, such reduction in the 
tariff as the Government think necessary, provided that 
such reduction shall not result in a diminution of net profits 
below five per centum upon the ordinary stock. 

18. The Company, unless prevented by causes over 
which they have no control, shall run daily (Sundays 
excepted) at least one passenger train at an average speed, 
equal to that of the trains of a similar class run on the 
Intercolonial Railway, from each terminus of the line, or 
from all the termini of the lines for the time being operated 
by them, to the other terminus or termini of such line or 
respective lines, and upon the completion of the line 
between Annapolis and Digby, shall run at least one 
passenger train daily (Sundays excepted), at the said rate 
of speed, from Halifax to Yarmouth, and one passenger 
train daily (Sundays excepted) from Yarmouth to Halifax. 
The Company shall also run all such freight trains as may 
be necessary to accommodate the freight from time to time . 
offered for transportation. 

19. In the event of the net earnings of the consolidated 
system of railways falling short of the sum of twenty 
thousand pounds sterling per annum for two consecutive 
years after the end of three years from the opening of the 
line from Annapolis to Digby, and before the expira- 
tion of the term of the guarantee, the Government may 
appoint a Board, consisting of the Provincial Engineer, an 
engineer to be appointed by the Company, and a competent 
railway manager as president, to be appointed by the 
Governor-in-Council, to enquire into the management of 
the. said railways, and to report what measures or reforms, 
if any, are necessary, in the opinion of the said board, or a 
majority thereof, to improve the management and working 
of the said railway and to remedy the management in any 
respect or respects wherein it may be extravagant or 
unwise, and the Government shall have the right and 
power to require the Company to carry out the su^estions 



1886. CHAPTER 1. 49 Via 21 

or measares reported b}' the board, or a majority thereof, 
as necessary or expedient In case the Company shall 
neglect or refuse to carry out such measures and suggestions, 
within ninety days after being so required as aforesaid, 
then the Government shall have the right and power to 
enter forthwith into possession of all the railways, plant, 
and real and personal property of the Company, except the 
lands mentioned in the twenty-sixth clause, and to hold, 
possess, work and operate the same, and to pay, apply and 
expend the net earnings thereof in and towards the pay- 
ment of any and all interest, dividends and moneys secured 
by or upon the guarantee of the Government hereinbefore 
mentioned, until the net earnings shall equal the sum of 
twenty thousand pounds sterling per annum, or, failing that 
event, until the expiration of the period for which the 
Government shall have given its guarantee as aforesaid, in 
either of which events the Government shall restore and 
give up to the said Company the said railway, plant, and 
real and personal property. The Government shall not be 
liable to the Company for or in respect of any damages to 
the Company, or to the said railway, plant, or real or 
personal property by reason of the Government taking 
possession of and working and operating the said railway, 
plant, and real and personal property, except in the case of 
any manifest neglect or default therein of the Government 
or its officials, agents or employes. And it is agreed and 
understood that the Government shall have the right and 
power to ask for and procure the passing hereafter of any 
and all legislation which may hereafter be or become 
requisite or necessary to carry out the provisions, intention 
or spirit of this clause, or of any other portion of this 
Agreement. 

20. The Government shall recommend the passing of 
an Act of the Legislature uf the Province of Nova Scotia 
at the present session thereof, confirming this Agreement, 
and also an Act of incorporation conferring upon the 
Company all the powers necessary for the purpose of 
carrying out the provisions of this Agreement, together 
with all the powers and authorities usually conferred upon 
and poiisessed by companies incorporated for the purpose of 
acquiring and constructing railways, and shall also recom- 
mend the passing of such other Acts, if any, of the Legis- 
lature of the Province of Nova Scotia as shall or may be 
necessary to carry out the purpose and object of this 
Agreement. 

21. The Government shall procure for the Company 
running powers over the Intercolonial Railway itom 



•>S) 



49 Vic. CHAPTER 1. 1886: 

Windsor Junction to Halifax, similar to those now enjoyed 
by the Windsor and Annapolis Railway Company, and upon 
terms not less favorable than those upon which the said 
Windsor and Annapolis Railway Company now possess 
such running powers. In case the Government of Canada 
shall decline, neglect or refuse to grant such running 
powers, as aforesaid, to the Company, or to the Govern 
ment, upon the terms aforesaid, or upon teims satisfactory 
to the Company, the Company and the Government shall 
respectively have the option of terminating this Agreement 
upon giving to the other notice in writing. 

22. The Government shall use its best endeavors to 
secure for the Company the subsidy for the line of railway 
from Annapolis to Digby, not exceeding three thousand 
two hundred dollars per mile, nor exceedingr in the whole 
sixty -four thousand dollars, mentioned in Chapter 8 of the 
Acts of the Parliament of Canada, passed in the year 1884. 
In case the Government or the Company fail to obtain from 
the Government of Canada an agreement for payment of 
said subsidy under the terms of the said Act of the Parlia- 
ment of Canada, the Company shall have the option of 
terminating this Agreement upon givinar notice in writing to 
the Government. The Company shall have the right to 
apply such subsidy in the manner provided in the twenty- 
sixth clause of this Aixreeinent, but if any additional subsidy 
be provided by the Parliament of Canada for the said line 
of railway between Annapolis and Digby, the Company 
shall expend such additional subsidy on construction 
account, in improving the line of railway between Halifax 
and Yarmouth, or constructing branches or exteuNions 
thereof, to the satisfaction of the Governor-in-Council. 

23. Tiie Government shall procure for the Company a 
lease of the Windsor Branch, upon terms not less favorable 
than those contained in the lease thereof now held by the 
Windsor and Annapolis Railway Company, and also a bind- 
ing agreement from the Dominion Government for the 
absolute tiansfer of the said branch as soon as the nnfinislfed 
portion of the Western Counties Railway between Anna- 
polis and Digby is completed. Such lease shall be in force 
until the completion of the said unfinished portion of the 
Western Counties Railway between Annapolis and Digby, 
and upon the completion of the said unfinished portion the 
Company shall be entitled to receive, and the Government 
shall procure for the Compan}', an abs'^lute transfer to the 
Company of the said Windsor Branch. In case the Govern- 
ment of Canada shall when requested by the Government 



1886. CHAPTER 1. 49 Vic. 23 

refose or neglect to grant such lease, or to bind itself to 
make such absolute transfer upon the completion of the said 
^mfinished portion of the Western Counties Railway, the 
Government and the Company shall each have the right to 
terminate this Agreement by giving to the other notice in 
writing. 

24. The Government shall, so soon as satisfied that the 
Company is in a position to proceed with the enterprise, 
and when requested by the Company, put in force and 
exercise all statutory and other powers which they now 
possess or may hereafter possess or acquire, and shall take 
all necessary proceedinf^s, so as to hand over, or cause to be 
handed over, to the Company the entire rights, properties 
and privileges of the Windsor and Annapolis Railway 
-Company, including the said railway and its appurtenances 
and real and personal property. Provided that the Govern- 
ment shall not be required to exercise their right of com- 

Ealsory acquisition of the said rights, properties and privi- 
fges of the Windsor and Annapolis Railway Company 
unless and until the Company has produced to the Govern- 
ment satisfactory evidence of its ability to provide such 
sum as may be required to pay the amount that may be 
awarded to the Windsor and Annapolis P».ailway Company, 
or to any other person or persons, corporation or corpora- 
tions, for such acquisition. 

25. The Government shall, so soon as satisfied that the 
Company is in a position to proceed with its enterprise, and 
when requested by the Company, put in force and exercise 
all statutory and other powers which the Government now 
possess or may hereafter acquire or possess, and shall take 
all necessary proceedings, so as to acquire the title to the 
Western Counties Railway, and shall hand over or cause to 
be handed over to the Company the entire rio;hts, properties 
and privilejres of the Western Counties Railway Company, 
including said railway and its appurtenances and real and 
personal property, free of all cost, except necessary expenses 
of transfer. 

26. The Company shall be entitled to receive, and the 
Government undertakes to give them, upon the completion 
of the railway between Digby and Annapolis, all the land. 
grants to which the Western Counties Railway Company 
would have be<^n entitled if they had duly completed their 
line from Yarmouth to Annapolis in accordance with the 
existing Acts, and particularly the free grants of lands 
granted^under and by virtue of Chap. 81 of the Acts of 



24 49 Vic. CHAPTER 1. 1886. 

1870 ; Chap. 17 of the Acts of 1872, a8 amen^^ed by Chap. 
4 of the Acts of 1873; and Chap. 12 of the Acts of 1874; 
and the Government undertakes to recommend all further 
legislation, if any, necessary for this purpose. The Company 
shall be entitled to credit the proceeds of the sale of such 
lands, and also the subsidy from the Qovernment of Canada, 
referred to in the twenty-second clause of this Agreement,, 
when received, to their reserve fund, and such proceeds 
shall not be considered or taken to form part of the 
minimum net revenue of twenty thousand pounds per half 
year, guaranteed by the Government under the twenty- 
ninth clause of this Agreement 

27. The Government shall transfer or cause to be 
transferred to the Company, free of all cost, except necessary 
expenses of transfer, all the Government's property and 
rights, if any^n and to the Windsor Branch Railway. 

28. After the Company shall have acquired by amicable- 
arrangement the Windsor and Annapolis Railway and the 
Western Counties Railway, or, failing such amicable 
acquisition, then after the Government shall have taken the- 
proceedings and put in force or exercised the powers and* 
authorities aforesaid, for the purpose of handing over the- 
said railways and property* to the Company, as aforesaid,, 
and shall have taken the proceedings necessary in that 
behalf, the Governor-in-Council shall issue a proclamation, 
published and promulgated in the usual way, which shall 
vest in the Company the said railways and their franchises, 
easements, real and perwonal property and appurtenances,, 
belonging to or connected therewith, free from all or any 
leases, encumbrances, liens, mortgages, easements, charges, 
judgments, claims or obligations whatsoever, except those 
created by or in pursuance of this Agreement, and there- 
after no existing or former claim, debt, judgment, lien,, 
encumbrance, easement or obligation of any kind or des- 
cription, except such as are created or continued by or in 
pursuance of this Agreement, whether of any Government, 
person or company, corporation or holder of stock, shares, 
bonds, debentures or other securities, shall prevail against 
the said railways and other property and things in such 
proclamation mentioned above, or have any effect whatever 
against the said railways, property or company. Provided' 
always, that at all times hereafter the Government of Nova 
Scotia shall have the right to claim, recover and receive for 
its own proper use from the Government of Canada, all 
subsidies, moneys and aids heretofore granted or hereafter 
to be granted by the Province in connection #ith the said 



1886. CHAPTER 1. 49 Vic. 2.5 

lines of railway, and such right is hereby reserved to the 
said Government, and shall not be vested in the Company. 

29. The Government agrees, subject to the conditions 
in this clause contained, that if the net earnings of the said 
consolidated railway from Halifax to Yarmouth, or such 
portion thereof as shall be operated by the Company dur- 
ing the term hereinafter mentioned, shall in and for any 
half year amount to less than the sum of twenty thousand 
pounds of sterling money of Great Britain payable in 
London, then and in such case the Province of Nova Scotia 
shall pay in manner herein provided such sum as shall be 
required to make up the deficiency or difference between 
the actual amount of such net earnings for such half year, 
and a net revenue of twenty thousand pounds sterling. 
This guarantee shall not come into effect until the date or 
dates from which interest shall run upon the bonds, deben- 
ture stock or other securities to be issued by the Company 
to enable them to carry out this agreement, and shall extend 
for a period of twenty 3'ears from such date or dates. Every 
bond or original certificate of stock issued by the Company 
under this guarantee shall bear an indorsement signed by 
the appointed agent of the Oovernor-in-Council, stating- 
that the Government agrees to pay the interest on the 
bond or stock half yearly in London, for a period of twenty 
jears from a date to be agreed upon. 

30. No such bonds, debenture stock or other securities- 
shall be offered for subscription, unless otherwise mutually 
agreed, until agreements for running powers over the line 
between Windsor Junction and Halifax aforesaid, and for 
the granting of a lease and subsequent absolute transfer of 
the Windsor Branch as hereinbefore provided, have been 
obtained by the Government or the Company from the 
Government of Canada, nor until a similar agreement has 
been obtained for the granting of the said subsidy of sixty- 
four thousand dollars by the Government of Canada, nor 
until agreements satisfactory to the Governor-in-Council 
have been entered into for the acquisition of the Windsor 
and Annapolis Railway and the Western Counties Railway 
as hereinbefore provided, nor until the price at and terms 
upon which the said bonds, stocks or other securities are to 
be offered for subscription have been approved by the 
Govemor-in-Council. 

3L The financial arrangements for the sale, pledge or 
utilizing of any securities which shall be guaranteed or 
bear the Provincial guarantee under this Agreement, or for 



26 49 Vic. CHAPTER 1. 1886. 

the niisiDg of money by the Company by means of the 
Provincial guarantee, shall be subject to the approval of 
the Qovernor-in-Council, or of any person duly authorized 
in that behalf, and the entire net proceeds of such securities 
shall be paid over Jbo the credit of the Government, at a 
bank to be approved by the Qovemor-in-Council, or by 
such duly authorized person, and shall be expended and 
applied in and for the following purposes, that is to say : 

(a) The sum of two hundred and seventy-seven 
thousand pounds sterling money of Great Britain, portion of 
the mopeys to be raised upon the said Provincial guarantee, 
shall be retained by the Government, on account of sub- 
sidies and aid heretofore granted by them under the statutes 
of the Province towards securing railway communication 
between Halifax and Yarmouth, but subject nevertheless to 
the provisions hereinafter contained as to the disposal 
thereof. 

(&) The payment of the actual expenses and disburse- 
ments incurred in and about the incorporation of the 
Company, the obtaining possession of the Windsor and 
Annapolis and Western Counties Railways, and raising the 
-capital required. 

(c) A sum to be fixed by the Government and the 
Company, or if not so fixed, to be fixed and determined by 
the Government, shall he paid for the Windsor and Annapolis 
Railway, if such railwa}' can be acquired by amicable 
arrangement between the owners thereof and the Company, 
or in case the price to be paid l>e settled by arbitration as 
provided in the forty-eighth clause of this Agreement, then 
the sum awarded under such arbitration, together with the 
expenses of the award, shall be paid for the acquisition of 
such railway. 

(d) Such sum, if any, as may be aq^reed upon between 
the Government and the Company, not exceeding one hun- 
dred and twentj' thousand dollars, shall be paid and applied 
to the amicable acquisition of the Western Counties Rail- 
way, if such railway be so acquired. Provided that out of 
the sum so to be paid for the acquisition of the Western 
Counties Railway the sum of twenty thousand dollars shall 
be retained by the Government and be applied by them to 
the payment of certain claims against the said railway. 

(e) Such sum as may be sufficient shall be paid for the 
€onstraction of the unfinished portion of the Western 
Counties Railway between Annapolis and Digby, as pro- 
vided by the fifth clause of this Agreement 



1886. CHAPTER 1. 49 ViC. 27 

(/) The remainder of the proceeds of the said &um to 
be raised upon the Provincial guarantee as aforesaid shall 
be applied and expended in and upon the renewals and 
repairs referred to in the thirteenth clause of this Agree- 
ment. 

32. The Government shall from time to time upon the 
request of the Company authorize and direct the hankers 
to invest in such securities, and in such form as may be 
agrreed upon, so much of the said proceeds as may not be 
immediately required, and to realize such investments when 
necessary. 

33. No part of the moneys realized by means of the 
Provincial guarantee shall be drawn by the Company 
without the approval of the Governor-in-Council, or some 
person authorized and empowered in that behalf by the 
Governor -in-Council. 

34. The sum of two hundred and seventy-seven thou- 
sand pounds sterling;, to be retained by the Government 
out of the funds raised under the i^uarantee, shall be held 
by the Government in trust for the purposes specified in 
the thirty-fifth, thirty-sixth, and thirty -{seventh clauses of 
this Afjreenient. The Government shall invest the said 
sum in such manner as may be by the Government deemed 
Ijest. so as to yield not le^^s than fonr per centum per 
annum, and shall credit snch fund with tlie interest accruing 
thereon. If at any time hereafter the said sum so invested 
shall yield a hiffber rate of interest than four per centum 
the diffeience between the said four per cent, and such 
higher rate of interest shall belong to the Government. 

35. If in any half year within twenty years from the 
cominjr into effect of the Provincial guarantee as aforesaid. 
the net earnings of the said consolidate<l railway, or such 
portion thereof as shall durinor such half year be operated 
by the Company, «hall amount to less than the sum of 
twenty thousand pounds of sterling money of Great Britain, 
payable in London, the Government shall draw from the 
said fund of two hundred and seventy-seven thousand 
pounds sterling, or the balance thereof, such sum as may 
he required to make up the deficiency or difference between 
the said net earnings for said half year and the sfeiid sum of 
twenty thousand pounds sterling, or such less sum as may 
be required to make up the half yearly interest payable on 
the guaranteed securities then outstanding, and fehall apply 
and pay the same in and to the discharge of the liability of 
fte Province, under the said guarantee. 



28 49 Vic. CHAPTER 1. 1886,. 

36. In the event of the payments required to be made 
by the Government under their guarantee falling short in 
the aggregate of the sum of two hundred and seventy-seven 
thousand pounds sterling, to be retained as herein provided 
by way of repayment of subsidies, together with the 
interest accruing thereon, the balance shall become the 
property of the Company, and shall be paid to the Company 
at the times, in the manner, and for the purposes next here- 
inafter set forth. 

37. At the end of the fifth and every subsequent year 
it shall be calculated what annuity for the remaining term 
of the guarantee at four per cent, interest is represented by 
a present value equal to the capital sum remaining in the 
fund after deducting therefrom one hundred thousand dol- 
lars as a reserve. If the amount of such annuity shall 
exceed the annual amount required out of the fund to meet 
the guarantee, calculated on the average of the five yeara 
ending with the year in question, then the difference, being 
the surplus for that year, shall be paid out of the fund to* 
the Company, and at the expiration of the term uf the 
guarantee, the Government shall pay to the Company 
the balance then remaining in the fund, together with 
any interest accrued thereon. The amounts so paid to the- 
Company from time to time shall be carried to the reserve 
fund of the Company, and shall not be considered or taken 
to form part of the minimum net revenue of twenty thou- 
sand pounds for each half year guaranteed by the Govern- 
ment under the twevty-ninth clause of this Agreement. 
Provided that if it shall at any time appear to the Gover- 
nor-in-Council, on the report of an actuary to be appointed 
by him, that the provisions of this clause may lead to the 
exhaustion of the fund before the expiration of the guaran- 
tee, the Governor-in-Council may suspend such payments- 
to the Company for such time as may to him seem 

necessary. 

• 

38. In addition to the debenture stock or other securi- 
ties to be issued under the guarantee of the Province, the^ 
Company' shall create a further amount of one hundred* 
thousand pounds sterling of stock of the same denomina- 
tion, but not guaranteed, and not bearing interest until 
issued to the public with the consent of the Governor-in- 
Council. This stock shall l:>e placed in the name of the 
Government, or of their nominee, and may be issued or 
sold from time to time with the consent of the Governor- 
in-Council, at prices approved by him, to raise additional 
capital, if required by the increase of traffic, to provide* 



188a CHAPTER 1. 49 Vic. 29 

additional rolling atock, stations, sidings, wharves, branches 
•or other improvements properly chargeable to capital 
account The Government may at their option retain the 
whole or any part of this stock as security for the payment 
to the Province of any sums required to meet their liability 
under the guarantee, in excess of the fund of two hundred 
4md seventy-seven thousand pounds sterling with accrued 
interest thereon, retained by the Government, as herein 
provided, and failing such payment by the Company after 
^ven notice, the Government shall have power to sell the 
same, or any part thereof, to the public to the best advan- 
tage to the extent necessary to provide such sums, and shall 
replace the balance, if any, at the disposal of the Company, 
at the termination of the period of the guarantee. 

39. Tn the event of the Government being called upon 
to provide any moneys out of the Provincial funds to meet 
the annual payments under the guarantee, in consequence 
of the exhaustion of the fund retained as aforesaid, and of 
the proceeds of the said one hundred thousand pounds 
debenture stock, or other securities, such payments snail be 
treated as advances to the Company, and shall be repaid 
out of subsequent net earnings, available for dividends 
upon preference or common stock, by setting aside and 
repaying to the Government one half of the amount so 
available in each year until the total sum advanced has 
been repaid, or at the option of the Government, preference 
shares for the amount bearing four per cent, interest out of 
the profits of each year shall be allotted to them in repay- 
ment of such sums advanced. 

40. The Government shall have power to employ and 
appoint an assistant engineer, and as many inspectors and 
rodmen as may reasonably be deemed necessary to measure ' 
the work performed, check the time of men employed, and 
the quantities of materials delivered by the Company or 
their contractors, inspect or examine into the class of work 
being performed, and assist generally in performinr^ such 
duties as the Provincial Engineer may direct, and their 
wages shall be defrayed out of the funds raised under the 
guarantee. 

41. The Company shall bear all expenses, and pay all 
costs and charges for engineering, construction and equip- 
ment, out of the funds raised under the guarantee. 

42. The Company shall be responsible for all damages 
to land owners, arising from loss of crops or cattle or injury 
thereto respectively sustained by any cause or thing con« 



30 49 Via CHAPTER 1. 1886. 

nected with the construction of the work, or through any 
of their agents or workmen ; and they shall be held respoQ« 
sible for all damages which may be done to property or 
persons through blasting of rocks or other operations 
carried on by them ; and they shall assume all risks and 
contingencies, whether from fire, water, or any other cause 
whatever, that may arise during the progress of the works ;. 
and they shall beheld harmless and indemnify Her Majesty, 
or the Government of the Province of Nova Scotia, from 
any claims, losses, or damages in respect thereof. 

43. The directors in England shall be at liberty to- 
appoint such officials and to engage such professional ser- 
vices, legal, engineering and otherwise, and to incur such 
expenses in offices, stationery, clerks, advertising and 
otherwise, as may be necessary and proper for the due 
and efficient carrying out of the objects of this Agreement, 
and such portions of the charges for direction, manage- 
ment, law engineering and office expenses during the ex- 
penditure of the moneys raised under guarantee as the 
auditors may decide to be properly chargeable to capital 
account, according to English practice, shall be so charged 
and defrayed out of euch moneys. 

44. No contract shall be entered into by the Company 
for the construction of works or supply of rolling stock or 
materials to be paid out of such moneys, unless such con- 
tract shall have been submitted to and approved by the 
Governor-in-Council, or some person authorized and em- 
powered in that behalf by the Governor-in-Council. The^ 
Company in all contracts made with its contractors shall 
stipulate therein that such contractors shall be bound by 
the provisions of this Agreement, and the said provisions 
shall be made part of the said contracts by reference or 
otherwise. 

45. The Company shall not let any contract for the 
whole or any part of the work or the equipment or rolling 
stock or materials to any company or person associated 
with them ; and no director or official of the Company shall 
be personally interested in any such contract. 

46. When payment is made out of the funds raised 
under the Provincial guarantee, as hereinbefore provided, 
for rails, fastenings, rolling stock, plant, machinery or 
materials, or any other movables required in connection 
with the construction of the line or with the furnishing or 
operating thereof, it is hereby declared that the Govern- 
ment shall bold the first lien thereon. The Company, their 



1886. CHAPTER 1. 49 Vic. 31 

aasignees or creditors, shall have no power to remove, dis- 
pose of or traasfer them, or any part of them, after such 
payment is so made. 

47. The proceeds of the sale of old rails and fastenings, 
old iron and disused or rejected plant or equipment, 
renewed or replaced out of the funds raised under the 
guarantee, shall be credited to construction and equipment, 
and shall be paid to the Government to be expended in 
paying for the new work or new rolling stock. 

48. In case it is found that the property and rights of 
the Windsor and Annapolis Railway Company or other the 
ownei-s of the Windsor and Annapolis Railway cannot be 
acquired by an amicable arrangement with the said Com* 
pany or other owners, for a sum to be mutually fixed by 
the Governor-in-Council and the Company, or if not so 
fixed to be fixed and determined by the GovernoF-in- 
Council alone, then the Government and the Company 
shall each have the right to terminate and put an 
end to this Agreement by giving notice in writing 
to the other of them, and the deposit of five thousand 
pounds, made by the Association with the Government^ 
shall in such case be returned by the Government In case 
neither party gives such notice, and the price to be paid 
for the said Windsor and Annapolis Railway and the 
appurtenances thereof is settled by arbitration or otherwise 
at an amount exceeding the sum so fixed by the Governor- 
in-Cdftncil and Company, or fixed and determined by the 
Governqr-in-Council as before mentioned, then the amount 
of the net revenue to be guaranteed by the Province as 
provided \ in the twenty -ninth clause of this Agreement 
shall be so increased so as to enable the Company to pro- 
vide a sum sufficient to pay such increased price for the 
Windsor and Annapolis Railwa}*, and to provide a sum 
sufficient to indemnify the Province against loss on account 
of such increase of guarantee, and the Company shall in 
such case deposit such sum with the Government accord- 
ingly. 

40. Accounts shall be taken every half year, three 
months before the date at which any interest or dividend 
which shall be secured through or upon or by the guarantee 
of the Province, as hereinbefore mentioned, shall become 
payable, and the net earnings of the Company for that half 
year shall then be calculated. Such net earnings shall be 
paid to the credit of the Government with the bankers 
appointed to pay the said interest ten days at least previous 



32 49 Vic. CHAPTER 1. 1886. 

to the date on which the interest is .payable. The Govern- 
ment shall pay the interest to the holders of the debenture 
or other securities upon the dates fixed through the 
appointed bankers, and shall be entitled to withdraw from 
the fund retained as aforesaid, top^ether with the interest 
accrued thereon, the difference, if any, between the amounts 
so paid by them and the amount paid to their credit on 
account of net earnings. All charges for exchange and 
transmission of moneys, whether on account of capital 
or revenue, shall be borne by the Company. 

50. When the net earnings for any half year, together 
with the interest accrued upon the balance of the fund, 
exceed the amount payable under the guarantee for that 
half year, the surplus shall be returned to the Company. 

61. The Qovernment Auditor, or any officer appointed 
by the Oovernor-in-Council in that behalf, shall have all 
reasonable access to the books of the Company, showing the 
traffic receipts and working expenses of the railway, for the 
purpose of auditing the accounts of the earnings and expen- 
, ditures. 

• 52. So long as the liability of the Government or 
Province under the said guarantee shall continue, the 
Government shall appoint and shall have the right to 
appoint from time to time an auditor of the Company's 
accounts, and to remove any such auditor, and to appoint 
another in the place and stead of any auditor so removed. 
Such auditor shall be paid and remunerated by the 
Company at the same rate and in the same manner as the 
auditor or auditors appointed by or on behalf of the 
Company for the time being, and shall have all the powers, 
rights and privileges of any auditor or auditors appointed 
by or on behalf of the Company for the time being. In 
case the Company appoints no other auditor or does not fix 
the remuneration, powers, rights, and privileges of such 
auditor or auditors, or fixes an insufficient remuneration, 
then the Governor-in-Oouncil shall fix the remuneration, 
rights, powers and privileges of the auditor to be appointed 
by the Governor-in-Council, and the Company shall be 
bound thereby. 

53. The Government shall also have the right, so long 
as the liability of the Government or Province under the 
said guarantee shall continue, to appoint one director in 
Nova Scotia, upon the general board of directors of the 
Company, and so long as the railway between Uigby and 



1886. CHAPTER 1. 49 Via 

ADoapoKs, and the repairs and renewals referred to in the 
thirteenth clause are uncompleted, to appoint a director in 
England apon the General Board of Directors, and to 
remove such director or directors at any time or times, and 
to appoint another person or persons in the place and stead 
of the director or directors so removed. The powers, duties^ 
privile^e8, authorities and remuneration of such director or 
directors to be appointed by the Government, shall be the 
same as thoJ<e of the other directors of the Company, and 
the remuneration of such directors shall be paid b}* the 
Company, and such powers, duties, privileges, authorities 
and remuneration of such director or directors, if not fixed 
by the charter or by 'laws or by the Company, may be fixed 
by the Governor-in*Council, and the Company shall be 
bonnd thereby. 

54. So long ais the liability of the Government or 
Province under the said guarantee shall continue, the 
Government shall have the right to appoint the Govern* 
ment Director in Nova Scotia for the time being to 
act as treasurer, who shall receive the tolls and sums of 
money arising upon or out of the working by the Company 
of the said railways or consolidated line of railway, and 
who out of the moneys received shall pav all expenses 
incurred in the management and working of the said rail- 
ways or consolidated line of railway. Such treasurer shall 
receive such remuneration, in addition to his allowance as 
director, as the Company may allow, or as the Governor- 
in-Council shall fix, and shall give security, to the approval 
of the Governor-in-Council, for the faithful performance of 
his duties. The appointment of any general manager of 
the railways, other than the first general manager already 
agreed upon, shall be subject to the veto of the Governor- 
in-CounciL 

55. The accounts of the Company shall be kept in 
such tnanner as shall be approved by the auditor to be 
appointed by the Government. 

56. Upon the execution of this agreement, the Associa- 
tion shall deposit with the Government the sum of five 
thousand pounds sterling, to be held by the Government as 
security for the performance by the Association of the 
covenants, promises and agreements herein contained on 
the part of the said Association, and also (until the Com- 
pany shall have executed the deed or Agreement provided 
lor in the sixty-second clause) as security for the perform- 
ance, observance and fulfilment by the" Company of the 



M 49 Vic. CHAPTER 1. 1886, 

covenants, promises, agreements, acts, matters and things 
herein contained or mentioned to be done or performed by 
or on behair of the Company. In case the Association (or 
in case the Company previous to the execution of the said 
Agreement) shall respectively fail or neglect to do, perform, 
e^erve, and foifil all and every of the said covenants, 
promiMes, agreements, acts, matters and things by ihem 
respectively to be done, performed and fulfilled, then the 
said sum of five thousand pounds sterling shall be and 
become forfeited to the Government, and shall become ther 
absolute property of the Grovernment free from all right, 
claim or demand of the said Company and said Association, 
or either of them, and shall be received by the Government 
as liquidated damages for such breach of contract. So long 
as the 8aid Company, until the execution of the Agreement 
aforesaid, and the said Association until released as herein^ 
after provided, shall perform, observe and fulfil all the said 
covenants, proinise.<;, agreements, acts, matters and things, 
the Government shall pay to the Association interest upon 
the said sum of five thousand pounds sterling, at the rate of 
four per centum per annum. When the Coiiipany shall 
have been organized and shall have duly executed the 
Agreement provided for in the aixty-decand clause of this 
Agreement, the liability of the Joint Stock Association, 
except as to the specific obligations undertaken by the 
Association in its own behalf, as distinct from those under- 
taken on behalf of the Company, shall cease and determine, 
and when the whole amount to be raised under the guar' 
antee has been subscribed for and the application and 
allotment instalments as fixed by the Government have 
been paid, all liability on the part of the As^sociation 
shall cease and determine, except as to breaches of this 
Agreement by the Company previously to the execution 
by the Company of the agreement provided for in the 
sixty 'Second clause, and except as to breaches by the 
Association before the payments of said instalments, and 
the Government shall thereupon, and not before, repay the 
said sum of five thousand pounds to the Association, 
together with any interest due thereon. Provided that if 
this Agreement be determined in any manner as herein- 
before mentioned, without thd default of the Association or 
the Company, then the said sum of five thousand pounds 
shall upon such determination be returned and repaid to 
the Association. 

57. In case of any dispute or difference arising between 
the Government and the Company, or the Association, as ta 
this Agreement, or as to its true intent and meaning, or 



1888L CBAPTER 1. » Vio. «i 

any other matber or thing whatsoever in connection with ot 
arising oat of this Agreement, or the affairs referred to and 
provided for by it, every such dispute or difference, shall, 
when practicable^ be disposed of by a case to be entered 
Into by the parties for the opinion of the Supreme Court of 
^lova Scotia^ or a Judge thereof, as may be mutually agreed 
\tpon ; and wheru such case cannot, from the nature of the 
^reamstances, be agreed upon, such dispute or difterence 
shall be settled by arbitration, in the usual way, that ia to 
aay, each party shall appoint its own arbitrator, and the two 
so appointed shall appoint a third, and the award of theses 
or any two of them shall be final, binding and conclusive. 
Failing the appointment by one of the parties of its 
arbitrator, or failing the agreement of two arbitrators to 
select a third, after twenty days^ notice, the Chief Justice 
of the Supreme Court of Nova Scotia shall make such 
appointment, but questions of law shall be excluded from 
reference under this latter provision unless by mutual 
eoniient 

5& Nothing in this Agreement providing for a refer* 
«nce to arbitration shall be construed to restrict the powers 
and duties of the Provincial Engineer in respect to any 
^oestion of engineering arising between the Provincial 
Engineer and the Company's engineers, respecting class or 
character of work, materials, rolling stock, amoant of pro^ 
gress certificates, measurements or valuation. Any dispute 
that may arise between the Provincial Engineer and the 
Company's engineers respecting the matters aforesaid, 
involving questions of sufficient importance in the opinion 
of the QovernorMn-Council, failing agreement thereon, 
shaH be referred to an independent engineer of standing, 
to be appointed by the Governor-in-Counctl, whose deci.sion 
diall be final, binding and conclusive as between the said 
parties. 

59. In case the Legislature of Nova Scotia does not 
ratify and confirm this Agreement, and does not pass all 
the said enactments necessary to ratify and confirm and 
carry out the same, then this Agreement shall cease and be 
at an end, and the sum of five thousand pounds deposited 
by the Association with the Government upon the execu*- 
tion hereof shall be returned to the Association. 

60. Any notice or other matter under or connected 
with this Agreement may he served on the Company at 
their registered office in Nova Scotia, or by registered letter 
addressed to the Company at their said office, left at any 



86 40 Vic. CHAPTER 1. 188ff. 

pof^t office in Nova Scotia, and ahall be deemed thereby to 
be legally served. 

61. Nothing that has been said, estimated or repre- 
sented by the Government or any of their ojSScers respecting 
plans, estimates, vaiue, proceeds, state of repair or prospec- 
tive earnings of each and every one of the lines of railway, 
and the rolling stock and appurtenances belonging thereto, 
shall now or hereafter be used to lessen the obligations of 
the Company in any way^ it being understood that the 
Company shall examine into all the aforesaid conditions of 
property and the respective value ther<sof, and take them as 
they exist on their own judgment, irrespective of 
representation. 

62. As soon as practicable after the incorporation of 
the Company, they shall enter into and execute a deed or 
agreement with the Government, whereby they shall 
covenant, promise and agree to carry out, perform, fulfil 
and abide by the provisions, terms, conditions, covenants, 
promises and agreements which the Association have in this 
Agreement eonvenanted that the said Company shall agree 
to carry out, perform and fulfil, and to execute and deliver 
to the Government from time to time, and at all times here- 
after, such further agreements, covenants, assurances and 
undertakings as may reasonably be required or deemed 
necessary or requisite by the Government, for the purpose 
of carrying out the true intent, meaning and spirit of this 
Agreement. 

In Witness Whereof, the parties hereto have executed 
these presents at the City of Halifax, this fourth day of 
May, A. D. 1886. 

(Sgd.) Charles E. Church, [l.s.] 
(Sgd.) The Joint Stock Ajssociation, Limited, [l.8.] 
By its Attorney, 

R. Oervase Elwbs. 
In presence of 

(Sgd.) W. S. Fielding, 
<Sgd.) C. A. Scott, 



188& 



CHAPTER 1. 



49 Via 



87 



SCHEDULE A. 
MasimtLm Freight and Paaaenger Tarijf. 



BATES 



To be charged per 100 lb*, for Goods per General Classifi- 
cation, and per Car Load for Specified Articles. 







CLASSES, 




i 




CAR 


LOADS 






Per 100 Lbt. 




of 20,000 Lkf. 




















Uva 


1 


1 


2 


8 


4 


1 


Flo«r. 


Grain. 


Lumb«r. 


Stook. 


cte. 
9 


ote. 

7 


CU. 

5 


eta. 

4 


cto. 


$ 


• 


• 


• 


5 


25 


00 


7 00 


400 


600 


10 


10 


8 


6 


5 


25 


800 


900 


5 00 


6 50 


15 


11 


9 


7 


6 


25 


900 


10 00 


5 76 


7 00 


20 


13 


11 


9 


6 


25 


10 00 


11 00 


6 50 


800 


25 


16 


12 


9^ 


7 


25 


U 00 


12 00 


726 


900 


30 


17 


14 


10 


8 


25 


12 00 


13 00 


8 00 


10 00 


35 


18 


15 


11 


8 


25 


13 00 


14 00 


8 75 


11 00 


40 


19 


16 


12 


9 


25 


14 00 


15 00 


9 60 


12 00 


46 


20 


17 


13 


10 


25 


15 00 


16 00 


10 25 


13 00 


SO 


22 


18 


14 


11 


30 


16 00 


17 00 


11 00 


14 00 


S6 


23 


19 


14 


11 


30 


17 00 


18 00 


11 75 


15 00 


«0 


24 


20 


16 


12 


30 


18 00 


19 00 


12 60 


16 00 


es 


25 


21 


16 


12 


30 


19 00 


20 00 


13 25 


17 00 


70 


28 


22 


17 


13 


30 


20 00 


21 00 


14 00 


18 00 


75 


! 28. 


23 


18 


13 


30 


21 00 


22 00 


14 76 


19 00 


90 


29 


24 


19 


14 


30 


22 00 


23 00 


16 60 


20 00 


85 


30 


25 


20 


14 


30 


23 00 


24 00 


16 25 


21 00 


90 


31 


28 


20 


14 


35 


24 00 


25 00 


17 00 


22 75 


95 


32 


27 


21 


15 


35 


25 00 


26 00 


17 75 


23 60 


100 


33 


«7 


21 


15 


35 


26 75 


27 00 


18 60 


24 00 


105 


33 


28 


22 


15 


35 


26 50 


28 00 


19 00 


24 60 


no 


34 


28 


22 


16 


35 


27 25 


29 00 


19 60 


25 00 


115 


34 


29 


23 


16 


35 


28 00 


29 76 


20 00 


25 60 


120 


35 


20 


23 


16 


35 


28 75 


30 50 


20 60 


26 00 


125 


36 


30 


24 


17 


35 


29 50 


31 00 


21 00 


26 60 


130 


36 


30 


24 


17 


35 


30 00 


31 60 


21 60 


27 00 


135 


37 


31 


25 


18 


35 


30 50 


32 00 


22 00 


27 50 


140 


38 


32 


25 


18 


35 


31 00 


32 50 


22 60 


28 00 


146 


39 


32 


26 


19 


35 


31 50 


33 00 


23 00 


28 50 


150 


40 


33 


26 


19 


35 


32 00 


33 50 


23 60 


29 00 


155 


41 


34 


27 


20 


40 


32 50 


34 00 


24 00 


29 50 


160 


42 


35 


28 


20 


40 


33 00 


34 50 


24 50 


30 00 


165 


43 


36 


29 


21 


40 


33 50 


35 00 


25 00 


30 60 


170 


44 


36 


29 


21 


40 


34 00 


35 50 


25 60 


31 00 


175 


45 


37 


30 


22 


40 


34 50 


36 00 


26 00 


31 50 


180 


46 


38 


31 


22 


40 


35 00 


36 50 


26 60 


32 00 


185 


47 


39 


32 


23 


45 


36 50 


37 00 


27 00 


32 50 


190 


48 


40 


32 


23 


45 


36 00 


37 50 


27 50 


33 00 


195 


49 


41 


33 


24 


45 


36 50 


38 00 


28 00 


33 50 


^00 


50 


41 


33 


24 


50 


37 00 


38 60 


28 50 


34 00 


^05 


50 


41 


33 


24 


50 


37 50 


30 00 


29 00 


34 60 


1t\0 


51 


42 


34 


25 


50 


38 00 


39 50 


20 50 


35 00 


215 


52 


43 


35 


25 


50 


38 50 


40 00 


30 00 


35 50 


220 


52 


43 


35 


26 


50 


39 00 


40 60 


30 50 


36 00 


225 


53 


44 


36 


26 


50 


39 60 


41 00 


31 00 


36 60 



S& 4» VIC; CHAPTER 1. 188«; 

Smalls.: — When the charge for single oonRignmento 
from separate shippers does not amount to nuore by weight 
than the figures specified in TarilS under tbelikead ''^Smalls/*' 
those rates must be charged. 

Smalls. — Single packages under 100 lbs. in weight. 

Fassskger Ratss.— lat 01838.-^3 cents per mile. 
2nd N- 2j|[ tt If 

Classification por FREiciHT.^-Same as adopted by all 
the principal Canadian Railways, and known as the 
"Canadian Jcint Freight Classification.'' 

Apples in car k»ads (140 bbis ) same as grain^ 

Potatoes in car loads (120 bbls.) same as flour. 



BMMipt.. 



RECEIPT. 

Received from the Joint Stock Association, Limited^ 
the sum of $24,333.38 (twenty-four thousand three hundred 
and thirty^three dollars thirty-three centsX being tho 
equivalent of five thousand pounds sterling, as and for the 
deposit provided for in the Agreement between the Qov^ 
einment of I^ova Scotia of the first part, and the said 
Association, of the second part, bearing date the fourth 
day of May, 1886, subject to the provisions thereof. 

(Sgd.) W. & Fielding, 

Provincial Secretary^ 

Pated Halifax this fourth day of May, 1886. 



1886. 



CHAPTER t 



49 Vie. 



99 



CHAPTER 2. 



An Act to Incorporate the Halifax and Qreat Western 
Railway Company. 



(PMMd tiM llih dv of May. A. D. laas.) 



L 

± 
s. 

4, 

€. 
7. 
& 

10. 

11. 

12. 
U. 

u. 
1&. 

1& 

17. 
U. 
Ul 

«. 

il 
fs. 
fft. 

«L 
M. 
«7. 
«B. 
tt. 
». 
81. 

n. 

n. 

M. 

m. 
as. 

f7. 
». 
80. 
40. 
41. 
41 
48. 
44. 
45. 
«. 
47. 
48. 
M. 

to. 

•1. 
SI 

Uw 

64. 

B&. 
ft. 
67. 
88. 
68. 
80. 
81. 
81 



ObjertM^ *e., of CmnpMur. 

Umitod IfabUity. 

CkpiUL 

DeAnitioD of tormn 

Comfnj to ooiiti«a«. 

Aooeplance of abarai. 

Sharet to be DtimbeMd. 

SkatiM to Im i«raoB»l e«tat«. 

lane of iharm, *c. 

Ckpital at prtference chMW. 

R«fister to be kept. 

Allotment, how iDMle. 

PATincnton allotment. 

Cklle may be made. 

Cklls when deemed nMul«L 

Intercat on cftlte la arrear. 

Certillcatee of atook. 

Legal reprasentativea only. 

Rcgiatry of ahar«boldera 

Sharei, how ttanaferrod. 

Tvanefaror may be holder. 

ETklenoe of tiaoafer. 

Uen upon iharea. 

CSoM of books of tranf er. 

Notiee to menibera in arrear. 

Contents of noiloa. 

Shares declared forfeited. 

Forfeited eharee to revert to Oa. 

DefaulUr lUble to pay oalla. 

OoDvetidon of ahana. 

Transfer of intereat Id. 

HoMen of atocfc to paitidpata. 

lame of share warrants. 

Powen, how to be exerolaad. 

Capital may be increased. 

Oonatdered part of orialnaL 

Notirc<»f iocraaae. 

Capital may be reduced 

First annual general meeting. 

Subsequent general meetings. 

Ordinary and extraordinary meetinga. 

Requisition to oall meoUng. 

Contents of requisition. 

Fkilnreof DIrecton to oouTene. 

Notlee to be published. 

Bosineas at general meetinga. 

Adjournment of meeting. 

Chairman to prarfde. 

If no chairman, or absent. 

Meeting may be adjourned. 

Queetions how determined. 

Chairman to have oaaUng vote. 

Mod* of taking poll. 

Chainnan'a declaiation oonolualva. 

Hew roflnibktiona may be made. 

Beaolonona when deemed apeoUL 

BeaolutSoos to be printed. 

Each share to sive vote. 

Looatka, te.. hovr to voia. 

Joint owners how to vota. 

No vote when call in airsar. 

Vote may be by proxy. 

Constitution of Board of Dlrectora 

Qooram for busineaa. 

Appolnttnent of ilfst Board. 

Toifaol Boaid. 



BmrnQn. 
88. Number of Board. 

QualilBcatton of DIrecton. 
Poweraof Board. 
Committeeeof Board. 
Quorum of ooromittee. 
Appointment of eommlttaa. 
Yacaiioies in Board. 



70. 
71. 
71 
73. 
74. 
76. 
76. 
77. 
78. 
78. 
80. 
81 



Borrowing poweia. 
Kay negotiate paper, &a. 
May invest n^oneys, 
May execute deeds, ftc 



May acquire propetty. 

Common seal of Compaair. 

Aiq^intment of derlis, 4e. 

vz. Board may obtain patents, fte. 

88. Office at Board, hoer vacated. 

84. DisqualUlcatloo of Director. 

86. Rotation of Directors. 
88. Eligible for ra-eleetion. 

87. Proposition of Directors. 

88. Yaraacy, how supplied. 

88. Retiring Director, when re-eleeted. 

00. CaausI vacancv, how tiled. 

81. Removal of Director 

81 Director may resign. 

03. Meetings of Board. 

04. Meetings, how summoned. 
08. Acte of committee valid. 
06l Minute books. 

07. Minutes receivable In evidenea. 

06. Change of office to be notified. 

00. Company's name to be painted, fta, 

IOQl Reronneiation of Direotora. 

101. Remuneration, how distributed. 

101 Declaration of dividenda. 

108. Payment of dividend. 
104. Payment out of capltaL 
106. Interest on advance of eala. 

106. Preference ahareholdera. 

107. Reaerve and depredation fund. 
10& Arreara deducted from dividend. 

109. Notice of dividend. 

110. No interest on dividend. 

111. What accounta to be kepi. 
Ill Income and expenditure. 
118. Statement, how made up. 
114. Annual bakmoe sheet 

116. Printed copies to be mailed. 

116. Accounts to be audited. 

117. Eligibility of auditors. 
11& Election of auditors. 

110. Remuneration of auditors. 

120. Auditor may be re-elected. 

121. Vacancy, how supplied. 
121 Provision, if no election. 
128. Balance eneet supplied. 

124. Report of auditor. 

125. Appointment of first auditors. 
186. Scrvioesof notices. 

127. Noticea to local borrower. 
188. Bummona may be made. 

128. Summona, by whom aigned. 

180. DIaaolution of Company. 

181. Inapection of register, Ac. 
181 Property free from taxation. 
188. AppUcatioa of Railway Act, Ac. 
184. Application of Revised BUtutCi. 
136w Short title Of bill 



40 49 Vio. CHAPTER 2. 1886. 

ft«~»toi^ Whereas, a continuous and completed line of railway 

under one management between Halifax and the Western 
extremity of Nova Scotia at Yarmouth is desirable in the 
public interest; 

And whereas, it is desirable that the existing railways 
and those portions thereof now partially finished between 
Halifax and Yarmouth should oe consolidated, and it is 
advisable to incorporate a company with power to acquire 
such lines and property for tnat purpose, and further to 
complete, repair, maintain and separate the whole under 
one management ; 

Avd whereas, it is necessary in order to carry out said last 
named purposes, and all other matters and things incidental, 
requisite or conducive thereto, that the Windsor and 
Annapolis Railway and the Western Counties Railway, 
and all the properties, rights, powers, privileges, franchises, 
subventions, easements, concessions and assets of said com- 
panies, should be acquired wholly or in part b} the company 
herein incorporated, and held by it free of all mortgages, 
liens, obligations, easements or incumbrances of all and 
every kind other than such ss may be created under the 
authority of this Act ; 

And whereas, an Agreement has been entered into 
between the Government of Nova Scotia and the Joint 
Stock Association, Limited, of London, England, which 
Agreement is confirmed by and annexed to the " Railways 
Aid and Consolidation Act, 1886;" 

And whereas, the Halifax and Great Western Railway 
Company (hereinafter called the company) is the company 
referred to in the said Agreement as proposed to be 
organized. 

Be it therefore enacted by the Governor, Council and 
Assembly, as follows ; — 

iBoorpoimiton. 1. JasDcr Wilson Johns, M. P., William Eckersley, 

George Wells Owen, Richard Gervase Elwes, Brinsley de 
Courcy Nixon, Robert John Price, Adam West Watson, 
and Francis Taylor Piggott, all of Great Britain, and the 
Honorable Loran E. Baker, M. L. C, Jacob Bingay, 
Hyacinthe H. Fuller, John S. Maclean, William Esson, 
Adam Burns, Edward Farrell, M. D. and Charles Armstrong 
Scott, all of Nova Scotia, and such other persons as shall 
become shareholders in the company hereby created, their 
successors and assigns, are hereby constituted a body 

S)litic and corporate by the name of " The Halifax and 
reat Western Railway Company." 



CHAPTER 2. 49 Vic. 41 

S. The following shall be the rules, regulations, objects ^|JM«. *«•• ^^ 
and powers of the Company, and the same are hereby made 
binding, and the Compemy shall have power and authority 
to carry out all or any of the objects for which the Com- 
pany is incorporated, and do such other Acts as are author- 
ized herein: 

(1.) The name of the Company is " The Halifax and 
Great Western Railway Convpany." 

(2.) The principal oflSce of the Company will be 
situated in Nova Scotia, and there shall be a branch office 
in London, England, unless the contrary be determined by 
the Board. 

(3.) The objects for which the Company is established 
are: — 

The making, entering into, confirming, adopting and 
performing a contract with the Joint Stock Association, 
Limited, whereby the Company and the Association shall 
bind themselves each to the other, to perform and fulfil the 
various promises, covenants and obligations undertaken by 
or on behalf of the said Company and Association respec- 
tively in the aforesaid Agreement between the Government 
of Nova Scotia and the Association, and also an agree- 
ment with the Government of Nova Scotia, as provided for 
in the said Agreement between the Government and the 
Association, and also any contract which may be necessary 
or desirable for carrying out any of the objects for which 
the Company is incorporated. 

The acquisition, wholly or in part by purchase or other- 
wise, from any Government, person or persons, company or 
companies, of the existing railways whether finished or 
not, between Windsor Junction and Yarmouth, both in the 
Province of Nova Scotia, including all lands, materials, 
buildings, sidings, tracks, branches, plant, machinery, 
rolling stock, tools, appurtenances, implements, wharves, 
docks, piers, bridges and other works, materials, and con- 
structions of every kind which the Company shall think 
desirable for the purpose, and the resale or other disposal 
of all surplus land and property. 

The acquisition of running powers over and use of the 
railway between Windsor Junction and Halifax, together 
with the uses of the stations, staff and all other appur- 
tenances, property and conveniences thereof, and acquisi- 
tion of such other running powers and other easements in 
Nova Scotia as may be necessary or desirable for the pur- 
poses of the Company. 



*i 49 Via CHAPTER 2. 1886- 

The acquisition or obtaining wholly or in part by- 
purchase or otherwise of the right to construct, possess and 
work any branch, extension or other railway or railways, 
to be situate in the said Province from or under the 
Government of Nova Scotia or the Government of Canada, 
or any private person or persons, company or companies, 
and the constructing, maintaining and working the same, 
and the acquisition or leasing and working of the Nova 
Scotia, Nictaux and Atlantic Central Railway. 

The construction, completion, repair and equipment of 
any unfinished portion or portions of the railways between 
Windsor Junction and Yarmouth, and of a railway from a 
point at or near Windsor, to a point at or near Truro, and 
of a railway from a point at or near Windsor Junction to 
Dartmouth, and of a railway from a point between Wind- 
sor and Windsor Junction to Halifax, and of a railway 
from Yarmouth to Shelburne, and any necessary sidings, 
branches or tracks thereof, together with all requisite 
buildings, plant, machinery, rolling stock, tools, implements, 
wharves, docks, piers, bridges and all other works, con- 
structions and property of every kind which the Company 
shall think desirable. 

The working, repairing, renewing, maintaining and 
operating the railways from Windsor Junction to Yar- 
mouth, and all the works in connection therewith, or 
thereunto belonging or incidental thereto as hereinbefore 
mentioned, and the charging to capital account so far as 
may be authorized by the Governor-in-Council of the 
whole or any part of the cost of such repairs, and renewals, 
and the running over and using the railways between 
Halifax and Windsor Junction as hereinbefore mentioned. 

The acquipition wholly or in part by purchase or other* 
wise, of all the lands and property, rights, powers, fran- 
chises, privileges, easements, concessions, assets or other 
matters or things wholly or in part to which the said 
Western Counties Railway Company and the said Wind- 
sor and Annapolis Railway Company may now be, or 
hereafter become, entitled in virtue of or under any legis- 
lation either • of the Province of Nova Scotia or of the 
Dominion of Canada or otherwise, and the sale or disposal 
of such lands, property, rights, powers, franchises, privil- 
eges, easements, concessions, assets and other matters or 
things or any of them. 

The acquiring, purchasing, constructing, leasing or 
hiring and working of railways, railway rolling stock, 
steamboats, ferry boats, coasters, omnibuses, waggons and 
other public conveyances, and of telegraphic and tel^ 



188& CHAPTER 2. 49 Via 43 

phonic wires and machinery, and of warehouses, elevator, 
doeks, slips, piers, wharves, hoiefn, mines and other pro^ 
perty in connection with or as an assistance or addition to 
the said railway or railways or other objects of the 
Company, and the workinfsf, maintaining, operating, altering, 
enlarging or diminishing the same or any of them, and the 
disposing of the same or of any portion thereof by sale 
or otherwise, or the leasing, letting or using the same or 
any portion thereof for hire or otherwise. 

The acquiring of by original subsciiption or otherwise 
and the disposing of shares, stocks, debentures or debenture 
stock of any company carrying on or formed for carrj'ing 
on any trade or business within the objects of the Company. 

The fanning of any lands held by the Company, and for 
that purpose the buying, selling and dealing in any farm- 
ing stock, implements or produce. 

The performance of such engineering or other works 
and the Duying and selling of such goods and commodities 
as it may be deemed advisable to perform, buy and sell 
respectively, in connection with or as auxiliary to any of 
the objects of the Company. 

The searching for, mining, quarrying, winnowing, 
crushing or otherwise treating any metals or minerals, and 
purchasing, holding, leasing and selling or disposing of 
mines, minerals, mining rights and licenses in Nova Scotia, 
and transacting all business connected therewith, and the 
erecting or otherwise acquiring all such works, buildings 
and machinery as may be from time to time expedient. 

The making and carrying out of any contract or agree- 
ment with the Government of Nova Scotia, whereby may 
be obtained the engagement of the Province of Nova 
Scotia to guarantee the payment of interest on debentures, 
debenture stock or other securities issued by the Company, 

The receiving, holding and taking of all grants or 
donations of land or other property made to the Company, 
or the purchasing, holding and taking of land or other 
property, and the selling, exchanging, leasing or otherwise 
dealing with the same to aid in the construction, mainten- 
ance and accommodation of the railway and works of the 
Company or otherwise, or to carry out any other of the 
objects for which the Company is incorporated. 

Tlie promotion of immigration to, or settlement of any 
lands which may be the property of the Company, or whicn 
may be adjacent thereto. 

The doing of all such other things as are incidental or 
conducive to the attainment of the above objects or any of 
them. 



44 49 Vic. CHAPTER 2. 1886, 

LinMBdiiiity. 3. The liability of the members is limited to the 
balance, if any, unpaid or deemed to be unpaid at any time 
upon their shares, and appearing as so unpaid in the books of 
the Company. 

OKs^iaL 4. The capital of the Company is five millions of dollars, 

which for any shares issued in sterling shall be converted 
at the fixed rate of five dollars to the pound sterling, or 
£1,000,000 divided into fifty thousand shares of one hun- 
dred dollars, or £20 sterling each, with power to issue any 
part of the capital as preference shares. 

D|^tt<m of 6. In this Act the following words and expressions 

shall have the several meanings hereby attached to them, 
unless there be something in the subject matter or context 
repugnant thereto, that is to say : 

The word " share," shall mean share in the capital of the 
Company and include stock. The "board,* and the 
" directors," shall mean the board and directors of the Com- 
pany, unless otherwise specially provided. The phrase 
" net revenue," shall mean the total revenue of the Company 
from all sources after deducting from the same all working 
expenses. The term " working expenses," shall mean and 
include all expenses of the railway and the whole under- 
taking generally, and of the stations, buildings, works and 
conveniences belonging thereto, and of the rolling and other 
stock and movable plant used in the working, thereof, and 
the maintaining, repairing and renewing the same, and also 
of such tolls, rents and annual sums as may be paid in 
respect of property of any description, leased and hired or 
held by the Company, also all rent, charges or interest on 
the purchase of lands or other property belonging to the 
Company, purchased but not paid for, or not fully paid for, 
and also all expenses of and incidental to working the 
railway and undertaking generally, and the traflSc and all 
other business of the Company, and the purchase of all 
stores and consumable articles, also rates, taxes, insurance, 
and compensation for accident or losses, also, all salai ies, 
fees and wages of persons employed in and about the rail- 
way and traffic and the general business of the Company, 
and all office and management expenses, including directors' 
fees, agency, legal, professional and other like expenses, and 
generally all such other charges (if any) not above other- 
wise specified as in case of English companies are usually 
carried to the debit of revenue as distinguished from capital 
account. 



1886 CHAPTER 2. 49 Vie. 45 

6. In case the whole of the shares into which th(^Co"P«>y *<> 
nominal capital of the Company is divided, shall not be 
subscribed for or allotted, the registered holders of shares 

in the Company for the time being shall nevertheless be 
and continue associated, and the regulations for the manage- 
ment of the Company shall be in force in like manner as if 
the whole of the shares had been subscribed for or allotted. 

SHARES. 

7. A person shall be deemed to have accepted shares^jjjj^** ^ 
if, having applied for an allotment of shares, any shares 

shall have been allotted to him, or if he shall have signed 
any document admitting he has accepted shares. 

8. All shares shall be numbered, and every share ^hallshMw to u 
be distinguished by its appropriate number. 

9. All shares shall be deemed personal estate and be shares to be pw- 
transmissible as such, and shall not be deemed of the nature*^**** *'****' 

of real estate. 

10. The Company may issue shares, debentures oriwut of OuMa, 
other stock or securities of the Company as fully paid up 

as consideration or part consideration for any contract, 
purchase, lease, hire, performance, service, acquisition, bonus, 
or otherwise, and such shares, debentures, stock or securities, 
shall be deemed and taken as fully paid up to all intents 
and purposes, and shall not be subject to any calls, nor shall 
the holders thereof be liable for any payment on account 
thereof. 

11. The directors may with the assent of the share- ^pJ^^jjjmjw'*' 
holders in general meeting, issue any portion of the capital 

as preference shares, and may attach to such capital such 
privileges or disabilities with respect to priority, guarantee 
of dividend, voting and otherwise, as they may think fit. 
The directors may also, with the like assent, divide the 
capital into two or more separate capitals, and may declare 
in such way as they may think fit to which capital each 
share shall belong, and may apportion the undertaking as 
property of the Company between the separate capitals 
thereof, and may make such regulations as they may think 
fit with reference to the separation of the accounts, debts, 
and income of the Company, between such separate capitals. 

12. The directors shall cause a register or registers to Register to U 
be kept, in which shall be entered the following particulars: ^*^^ 

(1.) The names and addresses and occupation (if any) 
of the members, and the shares held by each of them, dis- 
tbguishing each share by its number. 



M 



49 ViO. 



CHAPTER 1 



1886. 



Ahotmeiit, bow 
knade. 



jflajment v 
^UotaDenk 



Oriln BiAy be 



Calls when 



Inierett on oallt 
In 



(2.) The amount paid, or agreed, or deemed to be con* 
sidered as paid on the nhares of each member. 

(3.) The date when the name of any person was entered 
Upon the register as a memben 

(4>.) The date at which any person ceased to be a 
member, or ceased to be entitled to any share previously 
held by him, and such register shall in all cases, as between 
the members and the company, be considered conclusive 
evidence of the matter inserted therein, and as regards all 
other persons will be prima faoie evidence of any matteF 
by this Act required to be inserted therein* Any socli 
register or registers may be kept in Great Britain. 

13. The allotment of all shares shall be made by the 
directors for the time being. 

14. Such sum as may be fixed by the directors shall be 
paid on allotment by the person to whom any share shall 
be allotted previously to, or on the allotment thereof, as 
shall be appointed by the directors, and either in one or 
more instalments, and such sum as aforesaid in respeqt of 
each such share shall be deemed and taken to be a pro tanto 
payment upon such share. 

15. The directors may from time to time make such 
calls upon the members in respect of all moneys unpaid or 
deemed to be unpaid on their respective shares as they 
shall think fit, provided that one month's notice at least be 
given of each call to each member by written notice sent 
to such members' registered address, so that no call be made 
payable within two months of the time at which the 
inmiediate preceding call shall have been made payable, nor 
exceed the sum of twenty-five dollars per share, and each 
member shall be liable to pay the amount of every call so 
made to the persons, and at the time or times and place or 
places, appointed by the directors. 

1 6. A call shall be deemed to have been made at the 
time when the resolution authorizing such call was passed 
by the directors. 

17. If on or before the day appointed for payment 
thereof any member omit to pay the amount of any call 
to which he may have become liable, then such member 
shall pay legal interest on the account in arrear at such 
rate per annum from the day appointed for payment thereof 
to the time of the actual payment, as the directors may 
from time to time directs 



1886. CHAPTER 2. 40 Vic. 47 

18. Each shareholder shall be entitled to have a certi- c3ertiiioiit«f o# 
ficate or certificates specifying the number of shares held by 

him and the amount paid up^ or deemed to be paid up 
thereon, and if such certificate be worn out or lost the same 
may be renewed on payment of such sum (if any) not 
exceeding seventy-five cent<« as the directors may prescribe, 
but should the former certificate not be produced for the 
purpose of being cancelled or destroyed, then a new certi- 
ficate shall be given on the production of such evidence as 
to the lass or destruction of the former certificate, and upon 
such indemnity or other terms as the directors may in each 
case require or exact. 

TRAKSKISSION AND TRANSFER OF SHARES. 

19. The executors or administrators of a deceased ^J^'Jpj*^; 
member shall be the only person recognized by the com- oogniMd. 
pany as having any title to his shares. 

20. Any person who shall have become entitled to any '*««*■*'> ©J 
share m any way other than by transfer, may instead of « 
becoming registered himself, elect to have some person 
to be named by him registered as the holder of such share, 
but such person shall be one of whom the directors 
may approve. 

21. Shares shall be transferred by deed or by endorsa- JJ^,^'' 
tion thereon, in any form to be approved by the directors 
and to be executed as well by the transferee as by the 
transferor. 

22. The transferor of any share shall be deemed toJJ^^gj^™ 
remain the holder thereof, until the transfer shall have 
been passed by the directors, but upon such transfer being 
passed by the directors, all liability of such transferor upon 
such share shall absolutely cease and determine. 

23. The transfer shall be presented to the directors, "^^^'^J* «♦ 
accompanied with such evidence as they may require to 
prove the title of the transferor, and thereupon and upon 
payment (if required) of a fee to the company of not 
exceeding seventy-five cents for each and every transfer 
contained in any deed, the director shall register the 
transferee as a member. 

24. The directors may decline to register the transfer Uen^pon 
of any share made by a member indebted to them, and 
shall have a primary lien upon all the shares of any mem- 
ber for the amount of any debt due from him to the com* 



48 49 Via CHAPTER 2. \Hm. 

pany, either solely or jointly with any other person, and 
the directors may absolutely sell or dispose of all or any of 
the shares of cuiy member so indebted to the company, and 
may transfer any such shares and apply the proceeds of 
such sale in or towards payment of the debt due from him 
as aforesaid, and the consent of.any such member shall not 
be necessary for giving validity to any such sale, disposi- 
tion or transfer, and the purchases of any such shares shall 
not be bound to ascertain whether such power of sale shall 
have arisen, and a resolution of the directors that such sale 
shall be made, and the entry of the name of the pur- 
chaser in the register as holder of the shares, shall confer 
a good title on the purchaser as against all persons whom- 
soever, whether claiming under this Act or otherwise how- 
soever, and exempt the purchaser from all liability in 
respect of his purchase money, and the directors may in 
their discretion refuse to pass or register the transfer of 
any shares not being fully paid up or deemed to be fully 
paid up shares. 

doM of books 25. The transfer books may be closed for any period 
oftnntfer. ^^^ exceeding fourteen days immediately preceding the 
ordinary general meeting in each year, and also at such 
other time as the directors may deem expedient, so that the 
same be not closed for any greater period in the whole 
than thirty days in any one year. 

FORFEITURE OF SHARES. 

^ioetoinem. 26. If any member shall fail to pay any call on the 
ra irrear. ^^^ appointed for payment, the directors may at any time 
thereafter, during such time as the call shall remain unpaid, 
serve a notice on him requiring him to pay such call, 
together with all interest and expenses that may have 
accrued by reason of such non-payment. 

Oonteqts of 27. The notice shall name a further day, not being less 

nottoe. ^Y^^^ thirty days from the date of the notice, on or before 

which such call and all interest and expenses shall be paid. 
It shall also name the place or places where payment is to 
be made ; it shall also state that in the event of non-pay- 
ment at the time and place appointed, the shares in respect 
of which such call may have been made, shall be liable to 
be forftiteA 

ShAret deoiAfed 28. If the requisition of any such notice as aforesaid 

forftited. 1^ j^Q^ complied with, any shares in respect of which such 

notice shall have been given, may at any time tliereafter 

before payment of all calls, interest and expenses due in 



1886. CHAPTER 2. 49 Vic 49 

respect thereof, has been made be declared to be forfeited 
by a resolution of the directors to that effect 

29. Every share so forfeited shall be deemed to be ther«rfeited thurm 
property of the company, and may be disposed of and *** "''*^ ** ^' 
transferred in such manner as the directors shall think fit, 

or Uie same may be cancelled. 

30. Any member whose shares may have been for- Defaulter lubie 
feited, shall notwithstanding be liable to pay to the com- ^ ^^ ***^ 
pany all calls owing upon such shares at the time of the 
forfeiture thereof. 

CONVERSION OF SHARKS INTO CONSOLIDATED STOCK. 

31. The company may from time to time convert all convenion of 
or any of its paid up shares into consolidated stock, of a****"*^ 

like denomination and with like privileges, and subject to 
like conditions in relation to other shares or stock of the 
company. 

32. When any shares have been converted into con- ximnrfer oc 
solidated stock, the several holders of such stock may " 
thenceforth transfer their respective interests therein, or 

any part of such interest, in the same manner and subject' 
to the same regulations as and subject to which any paid 
np shares in the capital may be transferred, or as near 
thereto as circumstances admit. 

33. The several holders of consolidated stock shall be HoMenof itock 
entitled to participate in the dividends and protits of the *^ p*****^!***- 
company according to the amount of their respective 

interests in such stock ; and such interest shall in propor- 
tion to the amount thereof, confer on the holders thereof 
respectively the same privileges and advantages for the 
purpose of voting at meetings of the company, and for 
other purposes, as would have been conferred by shares of 
equal amount in the capital of the company, but so that 
none of such privileges or advantages, except the participa- 
tion in the dividends and profits of the company, shall be 
conferred by any such aliquot part of any consolidated 
stock as would not, if existing in shares, have conferred 

such privileges or advantages. 

* 

SHARE WARRANTS. 

34. The company shall, with respect to any shares ininue of oum 
the company which are or shall be deemed or considered as '^*™^"** 
fully paid up, be at liberty (but it shall not be obligatory 

4 



60 49 Vic. CHAPTER 2. 1886. 

upon them) either immediately upon ftllotment or after- 
wards, to issue under their common seal, at the requ&st of 
the person registered as the liolder of such shares, and 
either at the expense of such person or gratis as may be 
agreed upon between such person and the board, a warrant 
stating that the bearer of the warrant is entitled to the 
shares thereon specified, atid the V oard of directors may from 
time to tiu)e make regulations and conditions for the pay- 
ment of the future dividends on such shares by coupon or 
otherwise. But the holder of such warrant shall not be 
entitled to. take part in any pjoceedings, or to vote at any 
meeting of the members of the company, unless seven days 
at lea«t before such meeting such warrant shall have been 
lodged either at the registered office of the company, or at 
some other place appointed by the board. If any such 
warrant is worn out or lost, it may be renewed at the 
expense of the owner, on such evidence of ownership and 
loss being produced, and on such indemnity being given, 
with or without suHicient sureties as the board may con- 
sider satisfactory. The holders of such warrants shall not 
be entitled to any notice of meetings or other notice from 
the company. 

Se^erctoST ^ ^^' '^^ powers Conferred by this Act upon the oom- 
*** pany land the board of directors, or either of tliem, shall not 

be NO exercised as to invalidate or prejudice the rights and 
powers of the government under the " Railways Aid and 
Consolidation Act, 1H86," and the Agreement annexed 
thereto, but shall be exercised in conformity therewith, e^d 
subject to the provisions thereof. 

INCREASE IN CAPfTAU 

Oftpiui miv be 36. The directors may at any time with the sanction 
*~* "^ of the members of the company previously given in general 

meeting, increase the capital of the company by the crea- 
tion of new shares, whether ordinary or preference of the 
nominal value of one hundred dollars or twenty pounds 
sterling each, which shall be payable in such manner and 
by such instalments, and be disposed of by the directors in 
such manner, as the general meeting creating the same shall 
direct, or in case no such directions shall be given by such 
meeting, then as the directors may see fit. The directors 
may also at any time with the like sanction, incorporate 
with themselves any other person or persons, or company 
or companies having objects within the scope of the rules 
and regulations of this company, and may increase the 
capital of the company in manner herein provided for the 



hicrmsed. 



1886. CHAPTER 2. 49 Vrc. 61 

purpose of such incorporation. Provided always, that no 
increase of the capital shatli be made without an Act of the 
legislature being tirst obtained therefor. 

^7. Any capital raised by the creation of new ^^^''^^ SP^^J!? p** 
whether ordinary or preference shares, shall l»e considered ^ *^^ 
as part of the original capital, and shall be subject to the 
same provisions in all r&spects as if it had been part of the 
original capital, unless otherwise provided b^ the general 
meeting authorizing the creating of such capital 

3& Notice of any increase in the capital of the com- Notice of ia- 
pany shall be given to the Provincial Secretary of Nova*^"^***** 
Scotia, within fifteen daj's from the passing of the resolu- 
tion by which such increase shall have been authorized 

REDUCTION OF CAPITAL. 

39. The company may by special resolution passed *^t 2$io«i.°*^ ^ 
any general meeting reduce its share capital, subject how- 
ever to the provisions and conditions in that respect con- 
tained in chapter 53, Revised Statute«<. fifth series. 

GENERAL MEETINGS. 

4<X The first annual general meeting shall be Iteld atFimtannmagiett- 
such time, not being more than twelve months after the *"^ "****»«• 
incorporation of the company, and at such place, as the 
directors may determine. 

41. Subsequent general meetings shall be held at such ^JJ^^^^SniSr* 
time and place as may be prescribed by the directors, but* 

a general meeting of the company shall be held once at 
least in every year. 

42. The above mentioned general meetings shall be ordiiwij »nd 
called ordinary meetings ; all other general meetings shall ^^ings."^^ 
be called extraotxlinary. 

43. The directors may whenever thev think fit, and 5S?^lJ^Sg?* 
they shall upon a requisition in writing by one-tenth of 

the members, holding in the aggregate not less than one- 
twentieth part of the share capital, convene an extraor- 
dinary general meeting. 

44. Any requisition so made by the members s^ftU^^uoi? 
express the object of the meeting proposed to be called, and 

shall be left at the registered office of the company. 

46. Upon the receipt of such requisition the <lirectors ^"^ ^^wree- 
shall forthwith proceed to convene a general meeting. If 



S2 49 Vic. CHAPTER 2 I88ff, 

they do not proceed to convene the same, to be held within 
60 d&y» from the date aS such receipt, the requisiticmists 
may theiuselves conrene a meeting. 

NotiM to b» 46. Forty days' notice at least, 8|)ecifying the time and 

pubiuuMt place <rf meeting, and tlie purpose for which any such meet- 
ing is to be held, shall be given to every shan^holder by 
written or printed notice sent to his registered address, and 
such notice shall be held to date from the time at which 
such notice was posted, and no business shall be treufisacted 
at any meeting other than tiiat mentioned in such notice. 

Bosfoewat flreo' 47. No busincss shall be transacted at any general 
etai meeiitif . meeting, except the declaration of a dividend, unless a 
quorum be present, personally or by proxy at the com- 
mencement of such business, and such quorum shall be 
twenty merol>ers or such other lesser number of members a»<* 
shall represent in the aggregate not less tl^em one-fifth of 
. the share capital of the company for the time being is<^ued. 

Adjcmnimentfor 48. If Within one hour from the time appointed for the 
want oi quorum, m^^ting the required quorum be not present, the meeting if 
convened upon the requisition of the members, shall bo 
dissolved. In any other case it si. all stand adjourned to 
the next day (Sundays excepted^ at the same time and 
place, and at sucli adjourned meeting if the quorum be not 
then present it shall be adjourned sine die, and no business 
shall be transacted except the declaration of a dividend. 

chairtnan to 49. The chairman (if any) of the board shall preside ajf 

prtM». -chairman at every meeting of the company. 

If no ohainnao, 50. If there be no such diairman, or if at any meeting 
orabMiit. j^^ i^g ^^^ present at the time of holding the same, or shall 
decline to take or shall retire from the chair, the directors 
present shall choose one of their number to preside thereat, 
or if no director be then present and willing to take the 
chair, or if any sucli member shall retire therefrom, the 
members present shall choose some on^ of their number to 
be chairman of such meeting. 

Veedtiff may bo 5L The chaimian presiding at any meeting, may, with 
adjourned. ^j^^ cousent of the meeting, adjourn such meeting from time 
to time and from place to place, but no business shall be 
transacted at any adjourned meeting other than the 
business left unfinished at the meeting from which the 
adjournment took place. 

Qoojittena, how 62. At every general meeting all questions shall be 
^'**"*"**' determined by a show of hands, umess a poll h% demanded 



1B86. CHAPTER 2. 49 Vic. 58 

in writin<T, on any question by any member or members 
who shall hold the proxies of not less than five absent 
members or by five or more members present in person, but 
&ny Tote on the appointment of the chairman or question 
t)f the adjournment of the meeting shall be decided by the 
majority of the members present and voting in person at 
any such meeting. 

53. In case of an equality of votes upon any question ^"iiTOjnt* 
the chairman of the meeting shall have the casting vote in vSt2 ** 
addition to any vote be may be entitled to as a member. 

54. If a poll be demanded in manner aforesaid, the*««*« <^ **"«« 
same shall be taken in such manner and at such time and 

place as the chairman presiding at the meeting at which a 
poll .shall have been demanded shall direct, and the result 
of such poll shall be deemed to be the resolution of the 
company. 

55. A declaration by the chairman that a resolution ^^jmwi'i 
has been carried upon a show of hands shall be conclusive, ooodutivT 
and entry to that effect in the book of proceedings of the 
company shall be sufficient evidence of the fatjt, without 

proof of the number or proportion of the votes recorded in 
favor of or against such resolution, unless immediately on 
such declaration a poll be demanded in such manner as is 
hereinbefore specitied. 

56. The company may, in general meeting from time New wgwwaoni 
to time, by a special resolution alter and make new pro- "*^ "* 
visions in lieu of or in addition to any of the regulations of 

the company for the time in force, so that such altered or 
new provisions be in accordance with this Act and with the 
laws for the time being in force. 

57. A resolution shall be deemed to be a special RMoiationt 
resolution of the company whenever the same shall have ^1^ ^"^^ 
been passed by three-fourths in number of such members of 

the company for the time l»eing entitled to vote as may be 
present in person or by proxy, at any meeting of which 
notice specifying the intention to propose such resolution 
may have been duly given, and such resolution shall have 
been confirmed by a majority of such members for the time 
being entitled to vote, as may be present in person or by 
proxy, at a subsequent meeting of which notice shall have 
been duly given, and held at an interval of not less than 
fourteen days, nor more than one month from the date of 
the meeting at which such special resolution was first 
passed. 



54 



49 Via 



CHAPTER 2. 



1886. 



S?S? to bT*^'" ^^' E^®^ special resolution when passed shall be 
printod. printed, and a copy shall be forwarded to the Provincial 

Secretary of Nova Scotia, within fifteen days from the 

date of the passing of the resolution. 



Each share to 
rive vote. 



Lunatics, Ao., 
bow to Tote. 



VOTES OF MEMBEBS. 

59. Every member shall be entitled to one vote for 
every share held by him. 

60. Any member being a lunatic or idiot may vote by 
his guardian, committee, curator bonis, or other legal 
curator, and any member being a minor may vote by his 
guardian, tutor, or curator, or any one of his guardians,, 
tutors, or curator, if more than one. 

howto*wto."* ^^' ^^ *'^^ ^^ more persons be jointly entitled to a 

share, the person whose name shall stand first in the 
register of members as one of the holders of such share 
shall alone be entitled to vote in respect thereof. 



No Yott when 
call in arrear. 



62. No member shall be entitled to vote in respect of 
any share upon which any call shall be then in arrear. 



p^y?**^ ^ ^^ ^^' Votes may be given either personally or by proxy, 
and every vote by proxy shall be as valid as if the principal 
had voted in person. A proxy shall be appointed in writ- 
ing under the hand of the appointor, or ii such appointor 
be a corporation under their common seal, but no person 
except a member shall be appointed a proxy. Any 
instrument in writing appointing a proxy shall be deposited 
at the registered office of the company at least three days 
before the day for holding the meeting at which it is 
intended to be used, or at the ofiice of the company in 
Great Britain at least fourteen days before the day for 
holding such meeting. 

DIRECTORS — THEIR ELECTION AND DUTIES. 

Constitution 64. There shall be a Board of Directors which shall 

Af ili'^ryi Ar 

Dinctors. meet at such place and time as it may think fit, and which 
shall consist of not more than eleven, nor less than seven 
members, in addition to the government director or directors* 

65. The quorum of such board shall be seven members 
of the board present in person or by proxy, as hereinafter 
provided, so long as the number of directors on such board 
shall be not less than ten, but if the number of directors of 
such board shall be less than ten, theu the quorum shall b^ 
five. 



Quoram for 
business. 



1886. CHAPTER 2. 49 Via 65 

66. The first board shall be appointed by the persons ^ff^ljjj^* ^ 
named in clause 1 of this Act, or a majority of them. 

67. The votes of members of the board at their board votato« Board, 
meetings shall be given either in person or by proxy, and 

such proxy shall be in writing under the hand of the 
appointer, and no person except a member of the board 
shall be appointed as such proxy, and such vote by proxy 
shall be as valid as if the principal had voted in person. 

68. The Company may, by resolution, in general Number of 
meeting, increase or diminish the number of the board. 

69. The qualification of a member of the board, with OiwiifloaUon of 
tne exception of the first directors, shall be twenty-five "' 
shares standing in his own name solely, on which all calls 

shall have been paid, but any member of the board who 
shall have been appointed by the Government of Nova 
Scotia under the said Agreement, shall not be required to 
hold any shares in the Uompany, but shall be held to be 
duly qualified by virtue of his appointment. 

70. The board shall control all the pecuniary aflairs oi^owenotEo^xd. 
the Company and shall pay all preliminary and other 
expenses mcurred in furminff, organizing and incorporating 

the Company, appoint and have power to dismiss all 
managers, secretaries, engineers, surveyors, agents and 
other officers and servants, required for the general manage- 
ment of the aifairs of the Company, prescribe their 
respective duties and pay them such salaries, fees or wages, 
as they may think fit, shall be at liberty to acquire by 
purchase or otherwise, all or any of the properties, rights, 
privileges, concessions, or other things mentioned in this 
Act, and to take whatever steps they may think fit for 
carrying the same into effect, and may do all such other 
things and may exercise all such powers as they may 
consider necessary and proper for carrying out the objects 
of the Company, apd which are not by this Act required to 
be done or exercised by the Company in general meeting, 
but no regulation made by the Company in general meet- 
ing shall invalidate any prior act of the board or of their 
committees, which woula have been valid if such regulation 
had not been made. 

71. The board shall have power to delegate all or any committoei of 
of their functions and powers from time to time to a com-^***^* 
mittee or committees of directors, and all acts performed 

by such committees within the scope of their respective 
authorities, shall have the same force and validity as if 



56 



49 Vic. 



CHAPTER 2. 



1886. 



Quorum of 
eomicittoe. 



Appoiulment 



VAOUKSiM In 

Boud, 



Borrow lng[ 



Mtkj n«fl;otlate 
p^per, Ac 



May Invest 
■pooeys. 



performed by the board themselves, but the board may 
annul or rescind any acts or act done by any of such com- 
mittees, which shall not be within the scope of the autho* 
rity delegated to such committee. 

72. The quorum of any such committee shall be such 
as shall be determined from time to time, by such com- 
mittee, not being less than two. 

oi 73. Every member of any such committee shall be 
appointed, and such appointment shall be revoked, and the 
authority and power of such committee defined, varied or 
rescinded, only either by a memorandum in writing, signed 
by not less than three-fourths of the whole of the membem 
01 the board, or by a resolution passed at a board meeting 
by a majority of three-fourths of the whole board voting 
either in person or by proxy. 

74. The board and committees respectively, may act 
notwithstanding any vacancy in their body. 

75. The board may borrow from time to time, such 
sums of money as may be expedient for any purpose 
authorized by this Act, at such rate of interest as they 
may determine, and may make the bonds, debentures, 
debenture stock or other securities granted for the sums so 
borrowed, payable either in currency or in sterling, and in 
such place or places as may be deemed advisable, and may 
sell the same at such prices or at such aiscount as may be 
deemed expedient or be necessary, and may hypothecate, 
mortgage or pledge the lands, tolls, revenues and other 
properties of the Company, or any of them for the payment 
of the said sums or of the interest thereon, and may pay 
all expenses of and attendant upon the exercise of the said 
borrowing powers. 

76. The board may from time to time subject to such 
regulations as shall be ma<le by them, draw, make, accept 
and endorse on behalf of the Company, or authorize the 
manager or secretary or any other person or persons to 
draw, make, accept and endorse on behalf and in the name 
of the company, cheques, bills of exchange and promissory 
notes for the purpose of carrying on the business of the 
Company. 

77. The board may invest either temporarily or per- 
manently such moneys of the Company as they may from 
time to time be of opinion should be invested in the public 
funds Dr stocks or in exchequer bills cr any stocks, annui- 



1886. CHAPTER 2. 49 Vic. 57 

ties or securities pf tlie British or any Colonial Government, 
or in debentures or shares of any company -thereon a min- 
imum rate of interest shall be guaranteed by the British or 
any Colonial Government, or in any other security which 
they may be empowered to invest by the Company in 
general meeting, or upon deposit with any joint stock 
banking or discount company, and the directors may from 
time to time apply such investments, and the revenue or 
proceeds thereof wholly or in part to paying the obliga- 
tions or in effecting the purposes of the Company. 

78. The board may, if they so decide and on such ^^ ^^^^ 
terms as they may detennine, execute a deed or deeds of 

trust mortgage or conveyance of the whole or any part of 
the Company's property, assets, rights, privileges, fran- 
chises or concessions not already pledged for the purpose 
of further securing the bonds, debentures or debenture 
stock or other certificate of indebtedness issued by them, but 
the absence or uon-execution of such deed or deeds of trust, 
mortgage or conveyance, shall not in any respect be held to 
affect, impair or defeat the security of the said bonds, 
debentures, debenture stock or other certificates of indebt- 
edness, which shall nevertheless rank and be secured 
absolutely on the whole or any part of the Company's 
property, assets, rights, privileges, franchises or concessions, 
and without the necessity of any registration of any such 
bonds or debentures or certificates of indebtedness in the 
books of registry of any of the counties through which the 
Company's railways pass, or in which their property is 
situate. 

79. The board may acquire any real or personal pro- M*y acquire 
perty, or any rights, powers, privileges, franchises, subven-^"^^ ^' 
tions, subsidies, concessions, easements, appurtenances and 
assets, or any shares, bonds, debentures or other security of 

any railway, steamboat, tramway, omnibus, or other incor- 
porated company, whose facilities and operations may in 
the opinion of the board be advantageously combined with 
those of the Company, but such acquisition shall be subject 
to the confirmation of the Compan}*" in the general meeting. 
The board may pay for such acquisition in cash or by an 
iasue of paid up shares or debentures, debenture stock or 
other certificates of indebtedness or security authorized by 
this Act. The board may also issue paid up shares, deben- 
tures or other security authorized by this Act, in payment 
of any contract, work, service or performance completed or 
to be completed for the Company's benefit or use. 



58 49 Via CHAPTER 2. 1886. 

cSSSiy.'^ *** ^\ The board shall make such provisions as thev shall 
from time to tune deem expedient for the safe custody and 
for the use of the common seal of the Company, or a 
duplicate thereof, as well in Great Britain as in Nova 
Scotia. 

Appdintment of 81. The board may appoint any person or persons to 
***" ' act as superintendents, commis:noners or agents on behalf 

of the Company, subject to such condirions. stipulations and 
restrictions as the directors may think fit, and may dele- 
gate to him or them such powers as they may see fit, and 
may fix, increase or reduce the salaries or remunerations of 
such superintendents, commissioners or agents, and may 
at their pleasure remove all or any of such superintend 
dents, commiasioners or agents. 

Board may oh- 82. It shall bc lawful for the boarJ if they shall think 
ixn patenu, *o. g^^ neccssarv or expedient so to do, from time to time to 
apply on behalf of the Company for her Majenty's Patent, 
or for any act or acts of Parliament of the Legislature 
of Great Britain, or the Dominion of Canada, or of any 
provincial or foreign Government, or any charter or 
charters, or other competent authority for the better 
enabling the Company to eflfect the objects and purpases of 
their undertaking, and also as far as the same can be 
leagally done to purchase, acquire, rent and hold land, 
tenements or hereditaments in Great Britain or elsewhere, 
for the purpose of the Company, and to dispose of, mort- 
gage, lease or otherwise manage the lands, tenements, and 
hereditaments so purchased, acquired, rented and leased as 
they shall from time to time deem advisable for the 
interest of the Company. The board may transact any 
business within the scope of their authority, which they 
might otherwise transact at a board meeting by means of 
resolutions, orders or minutes in writing, signed by a not 
less number than three-fourths of the directors. 

offloo at Board, 83. The officc of a member of the board shall be 
bowvoat^i. ^aeated:- 

If he becomes lunatic, or of unsound mind, or bankrupt, 
or compound with his creditors, or be absent from board or 
committee meetings as the case may be, for six consecutive 
months, without the consent of the board or committee of 
which he is a member. . 

If he cease to hold the qualification hereinbefore 
provided. 

If he accept any other oflice of profit under the Company 
without the consent of the shareholders, in general meeting. 



1886. CHAPTER 2. 49 Via 59 

84. No director shall be disqualified or prejudiced i^^S^^gSJ^^*^ 
his oflSce of director by reason of his being concerned in, or 
connected with the Joint Stock Association, in respect of 

the Agreement annexed to the '* Railways Aid and 
Consolidation Act, 1886.*' 

ROTATION OF DIRECTORS. 

85. At the first ordinary general meeting of theaoution oi 
Company, two of the directors shall retire from office, and ^^'**^*^ 
in every subsequent year two directors shall retire from 

office, and the directors so retiring, shall, unless the directors 
agree among themselves, be deteimined by ballot until all 
the original directors shall have retired from office, and in 
every subsequent year the two directors who shall have 
been longest in office shall retire. 

86. A retiring director shall be eligible for re-election. Eligible for 

® ^ rejection. 

87. Every member who may intend to pi'opose a Proposition ot 
candidate for the direction, such candidate not being one "^ "* 

of the retiring directors, shall leave notice in writing of 
such intention with the secretary at least thirty days 
before the day of election, and exclusive thereof. 

88. TI.e Company at the annual general meeting "^^^ J^jJJ* **^^ 
which any director shall retire in manner aforesaid, shall 

fill up the vacated office by electing a director in his stead. 

89. If at any meeting at which an election of a director J^»«2JSS' 
ought to take place, no such election be made, the retiring 

director shall i*e deemed to have been re-elected. 

90. Any casual vacancy occurring in the board or ij^^ow auoT*^^' 
any committee, may be filled by the remaining members of 

the board or of any committee as the case may be, provided 
that if the person ceasing to be a director or committeeman, 
be a resident in Great Britain, the vacancy shall be tilled by 
such of the remaining directors or committeemen as for the 
time being may be resident in Qreat Britain, but any 
person so chosen shall retain his office so long only as the 
vacating director would have retained the same if no 
vacancy had occurred. 

91. The Company in general meeting may by ^SflJJJJ ^ 
special resolution remove any director before the expiration 

of his period of office, and may by an ordinary resolution 
appoint another person in his stead. The person so appointed 
shall hold office during such time only as the dii*ector iu 



60 49 Vic. CHAPTER 2. 1886. 

whose place he is appointed would have held the same had 
he not been removed. 

wreotor may 92. Any director may retire from office by giving not 

***^"" less than seven days' previous notice in writing at the 

registered office of the Company. 

PROCEEDINGS OF BOARD. 

Meeting* oT 93. The board and committees respectively may meet 

***"** together for the dispatch of business, adjourn, and other- 

wise regulate their meetings as they think fit, and may 
provide for the periodical election of a chairman and vice- 
chairman. Questions arising at any meeting of the board 
or committees shall be decided .by a majority of votes of the 
members of the board or committee voting at such meeting, 
except as hereinbefore provided. In case of an equality of 
votes the chairman of the meeting shall have a second or 
casting vote. 

Meettngv, how 94. Any member of the board, may at any time require 

summoned. ^j^^ secretary to summon a meeting of the board, thirty 

days* notice at the least being given of every such meeting. 

Aoto of commit- 95. All acts douc by any meeting of the board or any 
committee shall, notwithstanding that it be afterwards 
discovered that there was some defect in the appointment 
of any member of such board or committee, or that they or 
any of them were dinqualified, be as valid as if every such 
person or persons had been duly appointed, and were or was 
duly qualified. 

Minute books. 96. The board and every committee respectively, as the 

case may be, shall cause minutes to be made in books 
provided for the purpose : 

(I.) Of the names of the members present at each 
meeting of the board and committee respectively ; 
* (2.) Of the appointments of officers made by them ; 
(3.) Of all orders made by them respectively ; and 
(4.) Of all resolutions and proceedings of the Company 
and of the board and committees respectively. 

Minutes receiv- 97. Any such miuutes as aforesaid, if purporting to be 
able in evidenee. gignej ^y the chairman of such meeting or by the chair- 
man of the next (succeeding meeting, shall be received in 
evidence in all legal proceedings, and until the contrary be 
proved every general meeting of the Company and meet- 
ings of the board or committees in respect of the proceed- 



1886. CHAPTER 2. 49 Vic. 61 

ings of which minates have been made, shall be deemed to 
have been duly held and convened, and all resolutions 
passed thereat or proceedings had, to have been duly passed 
and had. 

98. Notice of ever^ change in the situation of the ctmnge of oiBce 
principal office of the Company shall be forthwith given to ^ 
the Provincial Secretary of 14 ova Scotia. 

99. The board shall always provide that the name of ^^^^ £w!J?2ited!SJ 
Company shall be kept painted or affixed to, or on, the out- 
side of every office or place in which the business of the 
Company may for the time being be carried on, in a 
conspicuous position in letters easily legible, and also that 
the name of the Company be engraven in legible characters 
on its seal, and that its name be mmticmed in legible 
characters in all notices, advertisements, and other otiicial 
publications of the Company, all I ills of exchange, promissory 
notes, endorsements, cheques and orders for money or goods 
purporting to be signed by or on behalf of the Company, 
and on all bills of parcels, invoices, receipts and letters of 
credit of the Company. 

REMUNERATION OF DIRECTORS. 

100. The remuneration of the board shall be f rom Remnnenttion of 
time to time fi^ed by the members of the Company Jn^*"'*^"' 
general meeting. 

101. The renumeration of the board shall be dis- ^«n««^2J* 
tributed among themselves in such mode and proportion ast«d. 

they may determine, unless such mode and proportion shall 
have been already settled by the members of the Company 
in general meeting. 

DIVIDENDS. 

102. The board may with the sanction of the Company D^cJ^^gon of 
in general meeting, declare a dividend to be paid to the 
members in proportion to the number of their respective 

shares. 

103. No dividend shall be payable except out of theP^ymwrtoi 
profits arising from the business of the Company', (including 
therein interest or dividends received by the Company, in 
respect of any moneys either permanently or temporarily 
invested by them, or placed out at interest) or out of the 
reserve fund, but to provide for the equalization of divi- 
dends, advances may be made from time to time out of any 

fund, and applied in payment of dividends. 



6S 49 Vie. CHAPTER 1 1886. 

t^ynent out of 104. The directors may with the consent of Company 
in general meeting, pay out of capital interest at the rate of 
not more than 6 per cenU per annum, on any capital raised 
for the construction of any Works, which ihey may be 
authorised to construct under their Act of Parliament, 
while such con*«truction is in progress. 

intemi oh •A- 105. The board may if they see fit to do so, pay as a 



Vance on oaUs. 



capital expenditure, interest on sums in advance of calls. 



ijrBferenoe 106 The Company may guarantee dividends to pre* 

In. ^ ' ference sharehiddern, and may on behalf of the Company, 

advance and pay the dividends so <;uaranteed, out of profits 

or out of capital or any other funds which ma}* come to 

the hands of the Company. 

tUMrve Md de* 107. The hoard ma}* before recommending any divi<» 
predauonfuud. j^^^j ^^j. ^^^j^j^ ^^^^ ^f j.|^g profits of the Company, or out of 

any sums accruing to the Company under the terms of the 
Agreement aforesaid, such sum as they may think proper 
as a reserve fund, and a depreciation fund to meet contin* 
gencies or for equalizing dividends, or for repairing or 
maintaining any property or works connected with the 
business of the Company, or any part thereof, and the 
board may invest the sum so set apart as a reserve fund. 

thietdediici- 108. The board ma}' deduct from the dividends pay- 

Snd^*^" ***^' able to any member, all such sums of money as may be due 

from him to the Company on account of calls or interest 

thereon, or otherwise. 

Kotitce of divi* 109. Notice of any dividend that may have been 
declared shall be given to each meml>er, and all dividends 
unclaimed for three years after having been declared, may 
be forfeited by the board for the benefit of the Company. 

No interatt on HO. No dividend shall bear interest as against the 

dividawi. Company. 

ACCOUiSTS. 

What aoeounu ^^^* ^^^ board shall cause true account to be kept in 
tobvktfpt. every country or place, whether within or beyond the 
limits of the Province of Nova Scotia : 

(1.) Of the plant and stores and stock in the hands of 
the Company, in or at such country or place. 

(2.) Of the sums of money received and expended by 
the Company in or at such place, and the matter in respect 
of which such receipt and expenditure shall take place, and 



18S6. CHAPTER 2. 49 Vic. 63 

(8.) Of the credits and liabilities of the Company in 
Mich country or place, and copies or duplicates of ail such 
accountA, and the entries from time to time made thereon, 
in any other country, shall he forwarded periodically to the 
head office of the Company in Nova Scotia. 

112. Once at least in every year the board shall 'ay ^"JgjJJ^"^ ^*' 
before the Company in general meeting, a statement of the"*" ""' 
income and ej[penditure for the then past year, made up 

to a date not more than six calendar months before such 
meeting. 

113. The statements so made shall show arranged sutemeutsi how 
nnder the most convenient heads, the amount of gross '"*^* "**' 
income, distinguishing the several sources from which it 

shall have hetn derived, and the amount of gross expendi* 
ture, diAtincui^hing the expense of the establishment, 
salaries and other like matters. Every item of expenditure 
fairly chargeable against the year's income, shall be 
brought into account, so that a just balance of profit and 
loss may be laid before the meeting, and in cases where 
any item of expenditure which may in fairness be dis** 
tributed over several yeara shall have been incurred in any 
one year, the whole amount of such item shall be stated, 
with the addition of the reasons why only such a portioa 
of such expenditure is charged against the income of the 
year. 

114. A balance sheet shall be made out in every year Annual bidincf 
and laid before the general meeting of the Company, and ^ * 

such balance sheet sha!I contain a summary of the property 
and liabilities of the Company. 

115. A printed copy of such balance sheet shall, thirty Print«d oopieg 
da3's previously to such meeting, be sent to the registered **^ ^ °^**** 
address of every member of the Company. 

AUDIT. 

116. The accounts of the Company shall be examined Aocotmts to be 
and the correctness of the balance .sheet ascertained by one*"^**^' 

or more auditor or auditors, to be from time to time elected 
by the Company in general meeting, acting in conjunction 
with any auditor who itiay be appointed by the Governor 
of Nova Scotia, under the said Agreement. 

117. No person shall be eligible as an auditor if Eligibility oi 
interested otherwise than as a member in any transaction™****"* 

of the Company, and no director or other officer of the 
Company shall be eligible during his continuance in office. 



64 



49 Vic. 



CHAPTER .2. 



1886. 



118. The election of auditors shall be made by the 
Company at their ordinary meeting, or if there shall be 
more than one such meeting, at their first ordinary meeting 
in each year. 

119. The remuneration of the first auditors shall be 
determined by the board, but that of all future auditors 
shall be fixed by the Company in general meeting. 

Auditor may be 120. Any auditor shall be eligible for re-election on his 
reelected. quitting office. 



Election of 
auditors. 



Remuneration of 
auditors. 



Vacancy, how 
supidled. 



121. Whenever any casual vacancy shall occur in the 
office of auditor, the board shall forthwith supply the same. 

Provision if no 122. If no election of auditors be made in manner 
eec on. aforesaid, the retiring auditors shall continue in office. 



Balance sheet 
supplied. 



Report of audi* 
tor. 



123. Every auditor shall be supplied with a copy of 
the balance sheet, which he shall calamine with the accounts 
and vouchers relating thereto, and shall be entitled at all 
reasonable times to have access to the books and accounts 
of the Compan3\ 

124. The auditors shall make a report to the members 
upon the balance sheet and accounts, and in every such 
report they shall state whether in their opinion, the 
balance sheet is a full and fair balance sheet, containing 
the particulars required by the regulations of the Company 
for the time being in force, and properly drawn up so as to 
exhibit a true and correct view of the state of the 
Company's affairs, and such report shall be read together 
with the report of the board, at the ensuing ordinary 
general meeting. 

Appointoient of 125. The first auditor or auditors shall be appointed by 

flnt auditors. . i , , . . i i /» i . "^ i . 

the board to act until the first ordmary general meetmg 
of the Company shall have taken place, and auditors shall 
have been appointed by the members, as before provided. 

KOTICES. 



Service of 
notices. 



126. Notices required to be served upon or given to the 
members in pursuance of the regulations of the Company, 
or otherwise, may be served either personally or by leaving 
the same, or sending them through the post in a letter 
addressed to the members at their registered place of abode, 
and every such notice left or posted as aforesaid, shall be 
deemed to have been duly served on the day of leaving the 



1886. CHAPTER 2. 49 Vic. 6R 

same, or the day after the day on which it shall be posted, 
and Id ca8e of persons registered as residing out of Nova 
Scotia, on the twelfth day after the day upon which it shall 
be posted, except as hereinbefore provided, although the 
person to whom it shall have been directed be dead or never 
i-eceive the same. 

127. All notices diificted to be given to the members NotioM to joint 
shall, with respect to any shares to which persons may be *^'^"*"* 
jointly entitled, be given to whichever of such persons shall 

• be named first in the registry of members, and notice so 
given shall be stftiicient notice to all the proprietors of such 
shares. 

128. Any summons or notice required to be served summom iua^ 
aponthe Ck>mpany may be served by leaving the same, or**"™*"*^" 
sending it through the post addressed to the Company, at 

their registered office. 

129. Any summons, notice, writ, or proceeding, r^q^ir- SSJJJSJ^^ 
ing authentication by the Company, may be signed by any ^ *^" 
member of the board, manager or other authorized officer of 

the Company, and need not be under the common seal of 
the Company, and the same may be in writing or in print, 
or partly in writing and partly in print. 

DISSOLUTION OF THE COMPANY. 

130. In case of dissolution of the Company the Board Dissolution oi 
shall take all necessary proceedings for the voluntary ^""'^"^ 
winding up of the Company, in accordance with the Acts 

for the time being in force for the wimling up of 
companies. 

INSPECTION OF REGISTER AND BOOKS OF ACCOUNT. 

131. The register of memberb and the books of account inspection or 
(except such as must of necessity be kept elsewhere) shall ^*^'*®'' *^* 
be kept at the registered office of the Company, and, subject 

to any reasonable restrictions as to the time and manner of 
inspecting the same, shall be open to the inspection of 
the members during the hours of business, and the register 
of members shall, subject to such reasonable restrictions, 
be open to the inspection of any person, not being a member, 
on payment of the sum of twenty-five cents, during the 
hours of businesa 

132. The Company and all its stations and station f^P^^J^JJJJ^ 
grounds, buildings, and all other property of whatever kind, ^^ 

6 



06 49 Via CHAPTER a 188», 

and the income and capital of the Company^ shfliU be for 
ever free from taxation by an^ city, town, or municipal 
corporation or other similar authority therein, and the 
lands granted and belonging to the Company in tlie 
Province, until they are either sold, Ifcased, or otherwiser 
disposed of, shall also be free from all such taxation 
for the period of twenty-five years, dating from the timer 
at which snch land» shall come into the possession of the 
Company^ 

vSSS^A^^ 133, Chapter 53 of the Revised Statutes, fifth series^ 
Ae. ' shall apply to the Company s undertaking, and be considered 

to be incorporated with this Act, with the exception of any 
sections or provisions of the said chapter which are 
repugnant to or in any way inconsistent with the provisions 
of this Act, and especially the sections and subseetions 
hereunder enumerated and specified ; and in respect of any 
provisions of this Act whereby larger powers are given to 
the Company than would be given to any railway company 
coming within the operations of the said chapter, the 
provisions of this Act shall prevaiL 

The sections and subsections of the said ehapter whieb 
are especially excepted from incorporation with this Act^ 
are the following : — 

Section 7. — Sub-sections II and 19, "powei-s*" 
Section 18.—** General meetings of shareholders." 
Section 19. — President and directors— their election and 
duties. 

Section 20.— Calls. 
Section 21. — Dividends. 

Section 22. — Except sub-sections 4 and 6 — shares and 
their transfer. 

Section 24, — By-laws, notices, etc. 

Section 27. — Ss, 6 and 9— general provisions. 

Appifcatioa 134, The provisions of ehapter 70 of the Revised 

Matuiw.'^ Statutes of Nova Scotia (third series), so far as the same 
are applicable and not repugnant to or in any way 
inconsistent with the provisions of this Act, are hereby 
incorporated with and made part of this Act, excepting the 
preamble of the said chapter 7 J, and excepting the first 10 
sections tliereof, and excepting also sections 25 to 43 both 
inclusive, and sections 61, 63,66, 74, 75, 76 and 77. The cost 
of fencing and of land taken for railway purposes by the 
Company shall not form a county charge, except with the 
consent of the municipalities. The term commissioners or 



188& 



CHAPTER 3. 



49 Vic. 



m 



fontraciors in the said chapter 70, shall mean and include 
the Company and any person or corporation contracting 
with the Company for any or all of the Company's under- 
takings, {provided that this ' section shall not apply to 
^additional lands required for the railway from Annapolis to 
Digby, which shall he governed by the .provisions of section 
133 of this Act. 

1 35. This At*t may 1)0 cited as the " Halifax and Great ^<^ ^^ ^ ^n 
liVestera Railway Company's Act, 1886." 



CHAPTER 3. 



An Act req[>eeting the saIe>of Intoxicating Liquors. 

<PMwd«th«41t£ day -of M%r, A. B. U86.) 



^SlL'TMJS. 

L Short title Of Act. 
DeAnitioa of tenoB. 
Not to ftpplj to auctianeert^ 
License inapectora, appointniMt. 
lasve of licenMS 4ui(horiBad. 



% 

8. 

4. 

6. 

«. 

7. 

& 

9. 
10. 
11. 
IS. 

ts. 

U. 

15. 

le. 

17. 
1& 
19. 
^. 
21. 
& 
23. 
24. 
"25- 
». 
"27. 
2& 
29. 
30. 
St. 
9L 
38. 
34. 
35. 
38. 
37. 
3& 

ae. 

40. 
4L 
42. 
43. 
44. 
45. 
46. 
-47. 
•48. 
49. 
•50. 

-il. 



Licenae duties pftvable. 
Ucenaes. bow to be iMueA. 
Appllcmtion for lioeaiee. 
PeUtion, with whom filed. 
AppUcfttfcHi. what to contain. 
Certificate to be M in ichedlile. 
Oenmneneraof signatures. 
"Smmm of afipncants published. 
Fee to be deposited. 
Objections may be filed, 
asauisites to petition fer license. 
PeUtion sgaia»t license lodged. 
Chief inspecterto'poM list 
Namee ceased from petition. 
Chief thspector'sreport to council. 
Evidence returned with report 
Hotel to contain bedrooms, Ac. 
To ooataia eatirr house. 
Stsihling, Ac., to be provided. 
Meethig of eonncfl to he held, ftc 

Licenses, to whom .granted, 
liccfise void in -certain cases. 
Wholesale licenses, how issued. 

License,* when to be issued. 

Security to be given. 

lioenie, how Idng tolie valid. 

Licenses, how ttaasf erred. 

License fnnd Itept separate. 

Revocation ef Uoenaea 

Register of licenses to be kept 

Annual report of ooundL 

Licenses to be exposed to view, 

Sign4ebeeaUUted. 

Hotel lieepers, penalty. 

Liquors »>ld to guests oaly, te. 

licenses to 4ceep hoolc. 

Penalty for refusing meals, Ac. 

Ciirrsnt moBQy "omly reeei^able. 

Penalty for purchasing tools, to. 

Penalty fer dmalceansfls, te. 

Penalty for harbpring oonstablei 

AdmitUnce. when to be refused. 

Internal communication disallowed. 

Penalty for selling to minor. 

Uquora-Aot-to be consumed on .pre- 
mises. 

Liquors not conMmed hi wanbouse. 



SitndK. 

52. Liqaons taken^Mft 41 premisca. 

63. What evidence to convict 

64. ^Powers of iMspeetor, Jtc. 

66. Magistrate to grant warrant, hs, 
5e. Liquor not sold without license. 

67. Liquors not to he Jcept, Ac. 

66. BrewBrs and distillers not affected. 

60. Appointment of sgent. 

00. Seisure of intoxicating liquors. 

61. Mot to be carried with mails. 

'62. Chemiste and druggists not affected. 

43. 4aspMtora4o visit monthly. 

64. Prosecutions, how instituted. 

65. Penalties lor offences. 

66. PenatUes for selling without Uoense. 

67. Definition of terms. 

68. Penaliiesforgaming, fto. 

-69. Penalties'for unlicensed selling. 

70. Lienors not to beeold to druokaMls. 

•71. Chief inspector to give noUoe. 

72. Uahllity to action iii certain eases. 

73. Penalty for false representation. 

74. Joint liability to action 

76. Chief inspector not to receive money. 

76. Penalty on chief inspector. 

77. Penalty for settling offence. 

78. Penalty for participating. 

79. l<enalty>for preventing annest, &e. 

80. Penaltv for tampering with witness. 
SL Seoond conviotioM to forfeit license. 

82. Penalty, where not imposed. 

83. Penalties not to be remitted. 

84. Complaints, when to bt made. 
•86. Mefore a>hom to he made. 

86 If before Stipendiary Magistratei 

•87. f f before two Jnstioes. 

88. Description of offence. 

•80. Oases may be oombioed. 

90. Form of information, Ac. 

91. Magistrate n ay amend, Ac. 
9i. Forms on schedules sufBoient. 

93. Procedure, wbene previous convto- 

tion. 

'94. Coiividtion tor first effenee. 

96. CoRviptionelor several uffenoes. 
•96. Variance not to aflcet warrants, te. 

97. -IVosecirtor or complainant 

98. Inspector not'to try complaint. 

99. Revised Statutes to apply. 
•100. Record endorsed on license, Aa 
101. Certificate of conviction. 

102 Magistrates' fees aUowsd. 



68. 



49 Via 



CHAPTER 3: 



I886v 



Short title oP 
Act. 



I>eflnitloi» of 
terms. 



Bmmojs. 

108. Conviction tb be flhaL 

104. Practice, &o.. In case of appeal, &e' 

105. Third oonviotton a foffeitare. 

106. Penalties to whom paid. 

107. Inspector's oertlflcate stUHcieni. 

108. CounoiFs resolution,, hew authentf* 

cated. 

109. PrbnA faole evidence. 

110. What proof. sueicient, fto. 

111. Prima fiacie evideiice of sale, dfc. 

112. Liability for penaltv, Ac. 
118. Defendant put on abfenoe. 
114. Defendant to ppov« his license. 



Skctior. 

115. What primt facie evidence. 
116^ Pfod action of license in' certain* 



117. 
118. 
119. 
120. 
121. 
122. 
12s. 

ie4. 



Witness may be ■iimrooDed; 
Production ot books, papwv, Ac- 
Witness bound to answer. 
Husband and wife competent. 
Municipality to pay costs, Ac. 
Incarceration of defendants 
Appointment of- inspector, kc 
Repealing clause. 

fiehedules o( forms and' pcocadure.- 



Be k enacted by the €k)vernor, Goancil,. and Assembly^ 
a» foUows :. — 

1. Thb Act may be eited ae the '* Liqjaor License Act^ 
1886/* 

2. In this- Actj unless the context otherwise reqiuires,, 
the expression 

(1.) " District " means- a license* district, and shall coni'- 
prise BXi incorporated city, town or nvonicipality. 

(i) *• Rate payer " mean« a person who is rated for the- 
time being in respect o! any real or personal property, or is 
q.ualified to- vote tor a candidate ta serve ixh the Provincial 
Assembly. 

(3.) "Inspector" means ai> inspector of licensed 
premises, and includes every person having, the* authority^ 
of such inspector. ^ 

(4.) " Justice " means justice of the peace, or a»y persott 
commissioned by the Lieutenant Governor since the iirst of 
July, 1867, or constituted by Act of the legislature to act 
as justice of the peace. 

(5.) " Hotel license"* means a license authorizing the- 
holder thereof to sell and dispose of, under the provisions- 
of this Act, any liquor in quantities not exceeding, one 
quart, which sliall be dru^nk on the premises. 

(6.) " Licensee " means a person holding a license 
under this Act. 

(7.) " Council " means the Municipal Council of any 
incoi'porated city, town or municipality. 

(8.) ** Licensed prec»ise»" means- the pre]»ise»in respect 
to which a license nwder Ih4» Act has* be«n- granted and i» 
in force, and includes every room, eloset, cellar, yavd!, s^aMe, 
outhouse, shed or any other place whatsoever^ <rf, belonging,, 
or in any manner appertaining, to such house or place. 

(9.) " Liquors or liquor," means and includes all spirit- 
uous and malt liquors, and all combinations of liquors and 
drinks and drinkable lic^uids which are intoxicating^ and 
lager beer. 



1886. CHAPTER 3. 49 Vic. '69 

(10.) •'* Magistrate" includes a stipendiary magistrate 
-or police magistrate, «r any person authorized by law te 
perform the duties ef such magistrate in case of his illness 
or absence, justice of the peace, and any person commis- 
sioned as in the fourth preceding silb-section mentioned te 
act as a justice «f the peaca 

(11.) " Municipality " includes any incorporated city 
•or tewn. 

(12.) "Polling district" means any polKng district or 
«ub-di vision <;onstiiu led in pursuance of ihe law in rela- 
tion to the election of ^members to «erve ki the House of 
Assembly. 

3. Nothingln this A<Jt shall apply to auctioneers selling f^^J^n'^S'^* 
liquor at public anctien, in quantities of not less than 

two gallons at any one time under legal process, judicial 
•sales er 'distress fer rent, ««r on behalf of a person duly 
licensed, or to auctioneers selling on behalf of an assignee 
any liquors included in an assignment of property for the 
general benefit ef creditors, made by a person duly licensed 
Qnder this Act, or en behalf of an executor or administra- 
tor of the estate of any deceased person. 

LICEKSE IVSKCTOBS. 

4. The Council shaQ immediately after tl>e passing ofiicenie tnspee- 
this Act, either at its first regular meeting thereafter, or atmSt. *'*'*^"**' 
a Rpecial meetisg called for that purpose, nocninate a Chief 
Inspector, and if seoessary one or mare additional inspec- 
tors of licenses. 

(1.) At the time of his nosnination, and during his • 

•continuance in office, ov^ry ine^ctor shall be a person who 
is a member in good standing of some recognized temper- 
ance organtzation within the mumicipality. 

(2) The name of the person or persons nominated 
shall be submitted, by the Clerk of the (Council, to the 
Lieutenant-Governor-in-Couneil, who shall have the right 
to veto or oonfirm such nominatiua. 

(3.) Before ^nterii^ upon the discliai^e of his duties, 
*very aoeh Inspector shall give such security by bond, to 
the municipality, as the council requires, for the due per- 
formance of his -duties and for the payment of all sums of 
money received by him under the provisions of tliis Act. 

(4.) He shall bold office during good behaviour, and 
shall only be removed for cause shown and by a majority 
wote of the members present at a meeting of the council 



70 49^ViG. CHAPTER S; W86L 

called for such purpose, and such removal sliall be srfbjectr 
to the approval of the Lieutenant-Governor-in-Council 

(5.)' The couneil shall fix the* amou&t ef salar j payable^ 
to sueh* Inspeetor. 

CieENSES. 

IHSft^taJSr'*^ 5. The couDcil may direct the issue of Kcenses of the- 
several kinda or desciiptionH foitowing, thai i& to say i 

(].) Hotel licenses* 
(2.) Shop licenses. 
(5.) Wholesale licenses- 

The said licenses shall be sfgned hy the Mayor, or 
Warden, and Chief Inspector, and shall be on such one of 
the forms m the> fiVst schedule to this Act, as shaFl be- 
applicable, and except where ©thprwise provided, shall be 
in force ib the fifteenth day of March in each year, and 
shall go into operation on the sixteenth day of March, and 
no license shall be issued for a longer period than one 
year. 

(a) An '• Hotel License " shall authorize the Ticensee 
to sell and dispose of fiquor in quantities not exceeding one 
quart, to bona fide guests or lodgers in his hotel, and during^ 
the regular meals, to be drunk or used by such guests or 
lodgers at their meals at the table and not otherwise, and 
to bona fide guests or lodgers in their rooms ia such hotel,, 
to be drunk m such rooms and not otherwise. 

(o) A *' Shop Ijicense' shaH authorize the licensee to sell 

and dispose of any liquors not ta be drunk in or upon the 

premises for which the license is granted, provided that not 

less in quantity than one pint sliall be sold or disposed of 

• at one time to any one person, nor more than two gallons. 

(c) A " Wholesale License ** shall authorize the licensae 
to sell and dispose of liqnora in his warehouse, store^ shop,, 
or place defined in the license, in quantities of not less 
than an octave in each cask, or vessel, and m any case 
when such selling by wholesale is in respect of bottled ale, 
porter, beer, wine, or other fermented or spirituous Kquor, 
each such sale shall hf. fn quantities not Tess than one 
deze» reputed quart bottles. Liquors sold UBdev a whole- 
sale license are itot to be eoBsumed ia or upon the bouse or 
premises in respect of which the license is granted, but no 
wholesale license shall be granted to any person who docs 
not carry on the business of selling by wholesale, or in 
unbroken packflg:es, and person j importing or dealing in 
liquors in unbroken packages in bond shall not be required 
to have defined in their licenses any other place than the 
general office wherein their business is conducted. 



1886u CHAPTER 3. 4« ViG. 71 

6. The following license duties shftll hereafter be pay- "**"•• <'«**^ 
able and shall be in lieu of all other provincial or munici-*^^* 

pal duties and fees, that is to say i 

(1.) For each hotel license the sum of one hundred 
and fifty dollars. 

^2.) For each shop license the sum of one hundred 
dollars. 

('3.) For each wholesale license the sum of three hun- 
dred dollars. 

7. Eivery license shall be issued by the authority and JJ^JJl'^'' ^ 
under the direction of the council for the district in which 

the premises to which the licsnse is to apply are situate. 

AFPUCATION EOR LICENSES. 

8. Every application for a license ^hall be by petition AppUoatioa fgr 
of the applicant to the council of the district in which the "^°*** 
license is to have effect, praying for the same. 

,9. Every petition for an hotel, wholesale or shop license, ^Jf^^^af^"* 
shall be filed with the Chief Inspector for the district 
wherein the license is to have effect, on or before the 
fifteenth day of December next preceding the day when it 
is te come into force. 

10. In the case of an application for a hotel or shop Am»naatioD, 
license in the city of Halifax the petition must be accom- jJSf****^"' 
panied by a certificate signed by three-fifths of the rate- 
payers of the polling district in which the premises soucrht 

to be licensed are situated ; and in the case of an application 
fur a wholesale license in said city the petition must be 
accompanied by a certificate signed by a majority of the 
ratepayers of the polling district in which the premises 
sought to be licensed are situated ; and in the case of em 
application for a hotel, wholesale or shop license elsewhere 
than in the city of Halifax, the petition must be accom- 
panied by a certificate signed by two-thirds of the rate- 
payers of the polling district in which the premises sought 
to be licensed are situated. Such polling district shall be 
that established by law for the purposes of an election for 
the House of Assembly, or if none such be established, 
then the polling district used for the last election for the 
House of Assembly. 

11. Such certificate shall be in the form in the certMoAte to be 
schedule hereto, or to the like effect, in respect of the *" *" *^*****"**- 
fitnesn of the applicant to have such license, and the 
premises in which it is proposed to carry on the business, 

and the desirability on the ground of public convenience^ 
of having a license granted therefor. 



72 49 Vic. CHAPTER 3. 1886. 

o«nwjn«o«« o' 12. The genuineness of the signatures to such certifi- 
^*^ "'*' cate, together with the qualifications of the ratepayers, and 
their residence within the polling district, shall be estab- 
lished on oath to the satisfaction of the Chief Inspector. 

Namw of aopii- 13. The Chief In^^pector shall canse to be published in 
eante pn «• «* • ^ ncwspapcr published in the district, or if no newspaper is 
there published then in a newspaper published near thereto, 
the name oF each applicant for a license, the description of 
license applied for, and the place (described with sufficient 
certainty) where such applicant proposes to sell, at least four- 
' teen days before the meeting of the council at which it is to be 

considered. He shall also cause a notice containing similar 
infonnation to be fixed to the outer door of the court 
house or other building wherein the meeting of the council 
IS to be held, and also on the post office of the district. 

Fte (a be de. 14. The applicant shall, with his application, deposit a 

^'^"^ * fee of ten dollars to cover expenses of inspection and 

advertising, and if the license is granted this amount will 

be credited on the duty payable by him. 

obg^on* "wty 15. It shall be the right and privilege of any person 
residing in the polling district for which the license is 
requir^, to file objections in writing to the granting of any 
license. The otjjections may be one or more of the following : 

(1.) That the applicant is of bad fame or character, or 
of drunken habits, or has previously forfeited a license, or 
that the applicant has been convicted of selling liquor 
without a license within a period of three years ; or, 

(2.) That the premises in question are out of repair, or 
have not the accommodation hereby required, or reasonable 
accommodation, if the premises be not subject to the said 
requirements ; or, 

(3.) That the licensing thereof is not required in the 
neighborhood, or that the premises are in the immediate 
vicinity of a place of public worship, hospital or school, or 
that the quiet of the place in which such premises are 
situate will be disturbed if a license is granted. 

lUquinitMtope- 16. Evcry petition having reference to the granting 

tttionforUoeMe. ^£ ^ license shall have, in addition to each signature thereon, 

a statement of the approximate distance from the premises 

to which such petition refers, of the residence w property 

of each person signing the same. 

Petition against 17. Any petition against the granting of a license shall 
isoenae lodged, y^ lodged with the Chief Inspector not less than four clear 

days before the day hereinafter specified for the meeting of 

the Council 



1886. CHAPTER 3. 49 Vic. 78 

18. The Chief Inspector shall keep a list posted in hisChw ing«ctor 
office for three days previous to such meeting of the council, 

of all certificates and petitions lodged with him as aforesaid, 
and every such petition or memoriai shall be open for public 
inspection without fee. 

19. The Chief Inspector shall, on receiving any petition N»m< 
as aforesaid, erase therefrom all names in respect of which the "^ 
particulars hereby required to be set forth are not appended. 

(1.) Every application for a license, and all objections 
to every such application, shall be investigated by the Chief 
Inspector for the district wherein the premises in respect of 
which the license is sought, or to which it relates, are 
situate. 

(2.) Every such investigation shall be open to the 
public, and every applicant for a license shall attend 
personally at such investigation if required, unless hindered 
by sickness or infirmity ; and the Chief Inspector may 
summon and examine on oath such witnesses as he may think 
necessary, and as nearly as may be in the manner directed 
by any Act now or hereafter to be in force relating to the 
duties of justices in relation to summary convictions and 
orders. 

20. On every application for a license the Chief chi«f inspe^s 
Inspector shall report in writing to the Council, and such SP^'* ^ 
report shall contain : 

(1.) A description of the house, premises, and furniture. 

(2.) A statement as to the manner in which the house 
has been conducted during the existence of the previous 
license, and the character of persons frequenting the house. 

(3.) A statement of the number, position and distance 
from the house, in respect of which a license is applied for, 
of other licensed houses in the neighborhood. 

(4.) A statement whether the applicant is a fit and 
proper person to have a license, and is known to be of good 
character and repute. 

(5.) A statement whether the house and premises 
sought to be licensed is or is not, in his opinion, required for 
public convenience. 

(6.) A statement whether the applicant is or is not the 
true owner of the business of the premises, hotel or shop 
proposed to be licensed. 

^7.) A statement whether the applicant has complied 
with all the provisions of this Act in respect to applications 
for license, and whether in his judgment a license should 
be granted. 



74 49 Vic. CHAPTER 3. 1880. 

STmwJ^th ^'* '^^^ Inspector shall, with his report, return to the 

wport. Council the evidence taken by him at any investigation, 

and such report and evidence shall be for the information 

of the Council. 

ACCOMMODATION. 

SdwoiMTEc**" ^^" ^^®^y hotel authorized to be licensed under the 
provisions of this Act shall contain, and during the continue 
ance of the license shall continue to contain, in addition to 
what may be needed for the use of the family of the hotel- 
keeper, in cities and towns, not less than six bedrooms, and 
in other places, not less than three bedrooms, together with, 
in every case, a suitable complement of bedding and 
furniture ; and (except in cities and incorporated towns), 
there shall also be attached to the said hotel, proper 
stabling for at least six horses besides the proprietor's. 

(2.) No shop shall communicate by any entrance with 
any shop or store wherein any goods or merchandise are 
kept for sale. 

To contain eat- 23. In addition to the accommodation required by the 
"' *"*** last preceding section, each hotel shall* be shown to the 
satisfaction of the Council to be a well-appointed and 
sufficient eating-house, with the appliatices requisite for 
daily serving meals to travellers ; and the requirements of 
this section shall continue for the whole period of the 
license. 

^wing, ^., to 24. Every hotel-keeper whose license is granted in 

^"'^ ' respect to premises to be provided with stabling, shall at all 

times keep upon his licensed premises a sufficient supply of 

hay, corn, and other provender for the accommodation of 

travellers. 

DUTIES OF THE COUNCIL. 

Meotins of 25. A meeting of the Council shall be held on the 

£heki,dw. second Tuesday of January, except in the municipality of 
Yarmouth, where such meeting shall be held on the third 
Tuesday of January, in each and every year, for the purpose 
of taking into consideration all applications for license, and 
at such meeting the Council shall ascertain that the require* 
ments of the Act as to the petition of the applicant, the 
certificate of the rate-payers, and the report of the Inspector, 
have been complied with. 

(2.) If the said pre-requisites have been complied with 
(but not otherwise) the Council may in its disotetion 
entertain the application* 



1886 CHAPTER 3. 49 Vic. 78 

(3.) The Council shall hear and determine all applica* 
iioas, and also all objections which may be made to such 
applications on the report of and the evidence taken by the 
Inspector, whether the same be strictly legal evidence or 
not. Any person who has filed objections may be heard in 
opposition thereto. 

(4.) No objection in respect of the character of any 
applicant shall be entertained unless three days' notice, in 
writing, has been given to the applicant by the party 
objecting thereto. 

(5.) No objection from an Inspector shall be entertained 
unless the nature of the objection shall be stated in his 
report furnished to the Council. 

(G.) Notwithstanding anything in this Act contained* 
the Council may of its own motion take notice of any 
matter or thing which in its opinion would be an objection 
to the granting of a license, although no notice or objection 
has been given or made as by this Act provided : in any 
such case the Council shall notify the applicant, and shall 
adjourn its hearing of the application, if requested by him» 
for any period not exceeding seven days and not less than 
three days, in order that any person affected by the objection 
may have an opportunity of answering the same. 

(7.) If any applicant for a license has, at any time or 
in any place, been refused on the ground that he is not a 
fit person to hold a license, no application by such applicant 
shall t)e entertained by any Council within a period of two 
years of the last of such refusals. 

26. No license shall be granted to any person declared, LioensM, to 
in pursuance of this Act, to be a disqualified pei*son, during ''****" grwiiect 
the continuance of such disqualification : any license issued 

to a person so disqualified shall be void. 

27. No license shall be granted under the provisions of Lioena© void in 
this Act to or for the benefit of any person who is a member^'***'* ****** 
of the Council or Inspector, and any license so issued shall 

be void, 

28. Wholesale licenses may be issued in the name of a wholesale h. 
co-partnership, when two or more persons are carrying onSUJSi! ^^ 
business as one, but a separate license shall be required in 

every district wherein the firm carries on its business. 

29. Upon the passing of the resolution of the Council wceAee^hento 
authorizing the issuing of a license, the Chief Inspector 

shall, on the demand of the applicant, so authorized, and 



76 



49 Vic. 



CHAPTER 3. 



188A. 



upon the payment of the duty hereinbefore mentioned, and 
upon his giving security by bond as hereinafter mentioned, 
issue to him the license to which he is entitled. 



Security to be 
given. 



License, how 
long to be 
valid. 



Uoensea, hov 
tnuisferred. 



SECURITY TO BE GIVEN.. 

30. Before any hotel, wholesale, or shop license is 
granted the person applying for the same shall enter into a 
bond to the municipality in the sum of five hundred dollars, 
with two good and sufficient sureties (to be approved of by 
the Chief Inspector) in the sura of one hundred and fifty 
dollars each ; conditioned for the payment of all fines and 
penalties which such person may be condemned to pay in 
respect of any offence against any of the provisions of this 
Act, and to perform and observe all the requirements 
thereof, and to conform to all by-laws and regulations that 
may be established by competent authority in such behalf; 
and such bond shall be in the words or to the effect of the 
third schedule to this Act, and when executed shall be filed 
with the Inspector. 

31. Subject to the provisions of this Act as to the 
transfer of licenses, every license for the sale of liquor shall 
be held to be a license to the person therein named, and for 
the premises therein described, and shall remain valid only 
so long as such person continues to be the occupant of the 
said premises, and the true owner of the business there 
carried on. 

TRANSFER OF LICENSES. 

32. In case any person having lawfully obtained 
a license under this Act, dies before the expiration of his 
license, his said license shall ipso facto become forfeited, 
and be absolutely null and void to all intents and purposes 
whatsoever, unless his legal representatives within one 
month after the death, obtain the written consent of the 
Chief Inspector, countersigned by the Mayor or Warden, 
for the continuance of the said business by his legal 
representatives, under such license, and thereupon such 
legal representatives may exercise the rights granted by 
such license, subject to all the duties and obligations of the 
original holder thereof, until tlie expiration thereof, in the 
house or place for which such license was issued, and to 
which it applies, but in no other house or place, provided 
in case the said legal representatives do not choose to apply 
for the continuance of the said license they shall be entitled 
to a repayment of a portion of the license fee in proportion 
io the unexpired term of the said licensa 



1886. CHAPTER 3. 49 Via 77 

LICENSE FUND. 

33. All sums received on application for and on the kt^^Hpan^ 
issue of licenses, or received by the Inspector for fines and 
penalties, shall form the License Fund of the District, and 

»hall be kept by the Municipal Treasurer as a separate 
fund. 

(2.) The License Fund shall be applied, under regula- 
tions of the Council, for the payment of the salary and 
expenses of the inspectors, and for the expenses of the 
oflBce of the Inspector, or otherwise incurred in carrying 
the provisions of this law into effect ; and the residue of 
said amounts, if any, shall be paid over to the Treasurer of 
the Municipality for the public uses of the Municipality. 

(3.) Cheques upon the License Fund account shall be 
drawn by the Chief Inspector and countersigned by the 
Mayor or Warden, subject to the regulations made by the 
Council. 

REVOCATION OF LICENSES IMPROPERLY OBTAINED. 

34. The Judge of the County Court of the County, or^^^^^ of 
any Judge of the Supreme Court, having jurisdiction in ** 

the County in which a Municipality is situate, in any part 
of which a license granted is intended to take effect, upon 
the complaint of any person that such license has been 
issued contrary to any of the provisions of this Act, or of 
any by-law in force in the said Municipality, or that such 
license has been obtained by any fraud, shall summon the 
person to whom' such license has been issued to appear 
before him, and shall proceed to hear and determine the 
matter of the said complaint in a summary manner ; and 
may upon such hearing or in default of appearance of the 
person summoned, determine and adjudge that such license, 
for any of the causes aforesaid, ought to be revokeH, and 
thereupon shall order and adjudge that such license is and 
stands revoked and cancelled accordingly ; and such license 
shall then be and become inoperative and of non-eifect, 
and the person to whom such license issued shall thei-eafter, 
during the full period of three yearb, be disqualified from 
obtaining any further or other license under this Act. 

REGISTER OF LICENSES. 

85. The Chief Inspector of every district shall keep, in lUgiaterof u- 
such form as may be prescribed by the council : kept!* ^ ^ 

(a) A register, to be called the ** The Register of 
lioensea," containing the particulars of all licenses granted 



78 49 Via CHAPTER 3. 1886. 

in the district, the premises in respect of which they are 
granted, the names of the licensees, and the names of the 
sureties to any bond given ly ^ueh licensee in pursuance of 
the provisions of this Act ; there shall also be entered on 
the register all forfeitures of licenses, disqualifications of 
licensees, records of convictions^ and other matters relating 
to the licenses then on the register. 

(6.) A record of ail applications made to the council^ 
showing the names of the applicants, the nature of the 
applications, the premises in respect. of which the applica-^ 
tions are made, the date on which the applications were 
heard, and the manner in which the same were disposed of| 
including, in cases of refusal, the cause thereof. 

(2») Every Chief Inspector shall, on request, forthwith 
transmit extracts from any such register of licenses, or 
record of applications, to any other inspector or to the clerk 
of any court. 

Ahttvuj KMit 36. The council shall report annually to the Provincial 
mt oownc . Secretary, and its report shall contain^--' 

(a.) A statement of the number and description of 
licenses and of the names of applicants to Whom licenses 
were granted during the year. 

(b.) The names of those to whom licenses were not 
granted. 

(c.) Any other statement required to be entered in the 
register of licenses. 

(d.) The pro«ecutions for infractions of this Act, and 
the ret:ult of the same. 

(c.) General remarks as to the working of the law 
within the distiicU 

(f.) It shall also report as to the moneys received and 
expended during the yean 



Uctttaim to b« 
^xpoMdtOTiew, 



REGULATIONS AND PROfilBItlONS. 

37. All licenses shall be constantly and conspicuously 
exposed in the warehouses, other than bonded warehouses, 
hotels and shops to whixjh the licenses respectively relate, 
under a penalty of five dollars for eVery day's wilful or 
negligent omission so to expose them, to be recovered with 
costs from the licensee so making the defaulu 

^tobeta> 38. Every person who keeps an hotel, shopv or any 

******* other licensed place, in respect of which license is duly 

isstied and is in force, shall exhibit over the door of buch 

hotel, shop or other licensed place in large letters the 



1886. CHAPTER 3* 49 Via ^79 

wordB, " Licensed to sell spirituous or fermented liquors." 
and in default thereof shall be liable to a penalty of five 
dollam, besides costs for each and every day on which 
default continues. 

39. No hotel keeper shall sell liquor In any bar in !^'Jf,**P*"** 
Any hotel licensed under this Act, or otherwise than in 

section five provided, under a penalty of one hundred 
dollars, and for a second or any subsequent offence he shall 
pay a penalty of one hundred dollars, and be imprisoned 
two months in the county goal. 

40. No hotel-keeper shall sell or dispose of liquor to' a Liquor aoid to 
person other than a guest, boarder or lodger, and only jji^*^®"^'*** 
the manner and at the time specified in this Act, and no 

sale or other disposal of liquors shall take place in any 
place where liquor may be sold by wholesale or retail, or 
on the premises thereof, or out of or from the ^ame^ to 
any person or persons whomsoever, save as in this Act pro- 
tided, from or after the hour of six of the clock on Satur- 
day night, until seven of the clock on Monday morning 
thereafter, nor from nor after the hour of nine of the clock 
at night, until seven o'clock the following morning on all 
other nights of the week, save and except in cases where a 
requisition for medical purposesj signed^ by a licensed 
medical practitioner, is produced by the vendee or his agent* 
Kor shall any liquor whether sold or not, be permitted or 
allowed to be drunk at any time in any licensed place, 
except in hotels as herein provided. Provided always that 
in hotels, liquor may be sold on Sundays to the guests, 
boarders or lodgers, bona fide residing, boarding or lodging 
in such house, during meals, between the hours of one and 
three, and five and seven in the afternoon, respectively, to 
be drunk or used at meals at the table, but this provision 
chall not permit the furnishing on Sunday of liquor to be 
drank in the rooms of guests, boarders or lodgers, residing 
or boarding in such house. 

(2.) No sale or other disposal of liquors shall take 
place in any licensed place within the limits of a polling 
district, on any polling day, for or at any parliamentary 
election, or election of a member for a legislative assembly, 
or any municipal election, from or after the time of nine 
oclock of the evening previous to said day until the follow- 
ing lawful day at seven o'clock in the morning* 

41. Every licensee under this Act, shall keep a book Ucenaeetoketp 
in ^hich he shall enter every sale of liquor made by him*^^ 
in quantities of one gallon and upwards, with the name and 



80 



49 VlO; 



CHAPTER 8. 



18861 



address of the person to whom the same is sold, and the 
date of the sale. 

(2.) Such book shall at all times be open to theinspcc- 
tion of the Inspector, and e\ery licensee who neglects or 
refuses to keep such book or to enter therein any such sale 
or to produce the said book when requested so to do by the 
Inspector, shall incur a penalty of twenty dollars. 

Fjn*ity for re- 42. Evcry hotel-kecpcr licensed under this Act, failing 
ngm ■.*<^Q|. refusing either personally or through any one acting on 
his behalf, except for some valid reason, to supply lodging, 
meals, or accommodations to travellers, shall, for each 
offence, be liable, on conviction, to forfeit and pay any sum 
not exceeding twenty dollars. 



Current money 
only reoeivable. 



Penalty for 
parchMing 
tools, &c. 



Penalty for 

dnmkennev, 

fto. 



43. If any licensed hotel-keeper receives in payment, 
or as a pledge, for any liquor supplied in or from his 
licensed premises, anything except current money, or the 
debtor's own cheque on a bank or banker, he shall for each 
such offence pay a penalty not exceeding twenty dollars ; 
the person to whom anything given as a pledge, as afore- 
said, belongs, shall have the same remedy for recovering 
such pledge or the value thereof, as if it had never been 
pledged. No hotel keeper shall receive payment in advance 
for any liquor to4)e supplied, and any payment so made in 
advance may be recovered, notwithstanding that anj' 
liquor may have been supplied subsequently to such pay- 
ment. 

44. If any person holding a license purchases from any 
person any wearing apparel, tools, implements of trade or 
husbandry, fishing gear, household goods or furniture, 
either by way of sale or barter, directly or indirectly, the' 
consideration for which, in whole or in part, is any intoxi- 
cating liquor or the price thereof, or receives from any 
person any goods in pawn, any stipendiary or police magis- 
trate, or any two justices of the peace, on sufficient proof on 
oath being made before him of the facts, may issue his 
warrant for the restitution of all such property, and for the 
payment of costs ; and in default thereof, the warrant shall 
contain directions for levying by sale of the offender's goods 
to the value of such property so pawned, sold or bartered, 
and costs, and the offender shall also be liable to a penalty 
not exceeding twenty dollars. 

45. If any person licensed under this Act permits 
drunkenness, or any violent, quarrelsome, riotous or dis- 
orderly conduct to take place on his premises, or sells or 



l«8a CHAPTER 3. 49 Vic. 81 

deli vera intoxicating liquor to any drunken person, or per- 
mits, or suffers any drunken person to consume any intoxi- 
cating liquor on his premises, or permits or suffers persons 
of notoriously bad character to assemble or meet on his 
premises, or suffers any gambling or any unlawful game to 
oe carried on on his premises, he shall be liable to a penalty 
not exceeding fifty dollars. 

46. If any licensed person knowingly harbours orJ2?biS„'^ 
knowingly suffers to remain on his premises, any constable constable, 
during any part of the time appointed for such constable 

to be on duty, unless for the purpose of keeping and 
restoring order, or in the execution of his duties, or supplies 
any liquors or refreshment whatever by way of gift or sale, 
to any constable on duty, unless by authority of some 
superior officer of such constable, or bribes or attempts to 
bribe any constable, he shall be liable to a penalty not 
exceeding fifty dollars. 

47. Any person licensed under this Act may i-efuse to ^JJiJ*JJ"JJ 
admit to the premises in respect of which his license isrefased. 
granted, any jwrson who is intoxicated, and may refuse 

to admit to and may turn out of the premises any person 
who is violent or quairelsome, or disorderly, and any per- 
son whose presence on his premises would subject the 
licensee to a penalty under this Act ; and any such person 
who, upon being requested in pursuance of this section by 
such licensed person or his agent, or servant, or any con- 
stable, to quit such premises, refuses or fails to do so, shall 
be liable to a penalty not exceeding twenty dollars ; and all 
constables are required, on demand of such licensed person, 
his agent or servant, to expel or assist in expelling every 
such person from such premises, and may use such force as 
may be required for that purpose. 

48. Every person who makes or uses, or allows to be interwu com. 
made or used, any Intei-nal communication between any dlwiiowed" 
licensed premises and any unlicensed premises which are 

used for public entertainment or resort, or as a refreshment 
bouse, shall be liable to a penalty not exceeding fifty dol- 
lars for every day during which such communication 
remains open. 

49. Any licensed person who allows to be supplied in Penalty tor seii.^ 
his licensed premises any description whatever of liquor to "*f^"* **• 
any minor, whether on his own behalf or for any oither per- 

son« shall as well as the person who actually gives or 
supplies the liquor, be liable to pay a penalty of fifty 
dollars for «very such ofience. 
6 



82 49 Via CHAPTER 3. 1886. 

Liquor not to 50. No pefson having a shop license shall allow any 

be oonsumed eo^. ijit« -l* • ju^l ye 

prvroiiNM. liquor sold by hmi or in his possession, and for the sale of 
which a license is required, to be consumed within his shop, 
or within any building of which ^such shop forms part, or 
which communicates by any entrance with such shop, either 
by the purchaser thereof, or by any other person not 
usually resi<lent within such building, under a penalty not 
exceeding fifty dollars. 

(2.) No shop license shall be granted to any person to 
sell liquors in any store, shop, place or pieniises where 
groceries or other merchandise are sold, or exposed for sale, 
or in any store, place or premises, connected by any inter- 
nal communication, with such first mentioned store, shop, 
place or premises ; Provided always that this sub-section 
shall not apply to wholesale licenses. 

(o.) If any person having a shop license treats any 
person to any liquor, or gives any person any liquor on the 
licensed premises, h3 shall on conviction, incur a penalty of 
not exceeding fifty dollars. 

Liquors not con- 51. No pcrson having a license to sell by wholesale, 
b^^^ *" ''*™' shall allow any liquors sold bj him or in his possession for 
sale, and for the sale or disposal of which such license is 
required, to be consumed within his warehouse or shop, or 
within any building which forms part of, or which com-' 
municates by any entrance with any warehouse, shop or 
other premises wherein any article to be sold or disposed 
of under such license is sold by retail, or wherein there are 
kept any broken packages o£ such articles. 

Uauora uken 52, If any person having a hotel or shop license to sell 

ou o' P»*«"»»«»' liquors not to be drunk on the premises, himself takes or 
carries, or employs or suffers any other person to take or 
carry, any liquor out of or from the j.remises of such 
licensed person for the purpose of being sold on his account 
or for his benefit or profit, and of being drunk or consumed 
in any other house, or in any tent, shed or other building 
of any kind whatever belonging to such licensed person, 
or hired, used, or occupied by him, or on or in any place, 
whether enclosed or not, and whether or not a public 
thoroughfare, such liquor shall be deemed to have been 
consumed by the purchaser thereof on the premises of such 
• licensed person, with his privity and consent, and such 

licensed person shall be punished accordingly in manner 
provided by this Act, 

What evidence , 53. In any proceeding undcT th IS scction it shall not 
**" be necessary to prove that the premises^ or place or places^ 



5888. ^CHATTER S. <9 Tig. U3 

to which stich liquor is taken te be drunk, belonged to of 
were hired, used, or <X3Cupied by the seller, if«|5root* be given 
to the satisfaction t»f the court hearing the <;a8e, that such 
liquor was taken to be oonsumed thereon or therein with 
intent to evade thexonditions of hin license. 

(L) -Every 4icenj^ee who seJls liquor to a person not 
l»€ing a licensee shaH, if SHch liquor or any ^art thereof is 
purchased for the purpose of re-seUing, incur a penalty of 
tifty dollars, and shall not be entitled to recover the price 
thereof in anyxoart of justice, in case the licensee knew 
that the liquor was purchased for the purpose of re-sale. 

(2.) The burthen of proving that such liquor was not 
purchased for the purpose of re-seliing the same, shall in 
all cases lie upon the licensee. 

POWERS OF IXSPBCTORS Am> OTHBR OFFICERS. 

54. Any offioer. |)oliceraan or constable, or Inspector of ^o*^ ^ >*- 
Licenses, may for the purpose of preventing or detecting'**^ 
the violation of any of the provisions of this Act, w hich it 
is his duty to enforce, at any time enter into any and every 
part of BXij hotel, shc^, warehouse, c^ other place wherein 
liquors are generally sold, or reputed to be sold, whether 
under license or not, and may make searches in every part 
-thereof, and of the premises connected therewith, as he 
may think fiecessary, for the pui;pose aforesaid. 

(2.) All -policemen, constables, or other *peace officers, 
shall, en the demand of the Inspector, aid ami assist him in 
<»rrying out the provisions of this Aot, under a penalty of 
not less than twenty dollars. 

(3.) Every person being therein, or having charge 
thereof, who refuses or fails to admit such officer, pbl ice- 
man, or constable, or Inspector, deiaan«ling to enter in 
:pursuanceof this section -in the execution of his duty, or 
who obstructs or attempts to'obstmict the entry of such 
officer, tpolioeman, constable, or Inspector, or any such 
searches as aforesaid, shall be liable to a penalty not 
exceeding fifty dollars. 

55. Any magistrate. If satisfied by information on theMagristrate to 
•oath of any such officer, policeman, constable, or Inspector, 1™"*"'**^'*"'* 
that there is reasonable ground for belief that any spirituous 
'<Jr fenaented liquor is being kept for sale or disposal,, 
contrary to the provisions of this Act in any unlict-nsed 
boose or place within the jurisdiction of the magistrate, 
'nay, in his discretion, grant a warrant under his hand by 
virtue whereof it shall be lawful for the person named in 



8* 49 Vic: CHAPTER 5. 1886. 

such warrant at any time or times withm ten days fronv 
the date thereof to enter,, and if need be, by force, the place 
named in the warrant, and every part thereof, or of the 
premises connected therewith, ana to examine the same' 
and search for liquor therein, and for sfich purpose, such 
^ person may with such a&sistanee as he deems expedient, 

break open any door, lock or fastenings of such premisea 
or any part thereof, (m* of any closet,, cupboard, box or 
other article likely to contain any such liquor } and in the 
event of any liquor being so found kept on the said premises 
the occupant thereof shall, until the eontrary is proved, be 
deemed to have kept such liquor for the purpose of sale 
contrary to the provisions of section fifty-seven of this Act 

(2.) When any Inspector, policeman, constable or officer,, 
in making or attempting to make any search under or in 
pursuance of the authority conferred by section fifty-four 
^of this Act, or onder the warrant mentioned in this section,, 
finds in an unlicensed house or place any liquor which in 
his opinion is unlawfully kept for sale or disposal contrary 
to this Act, he may forthwith seize and remove the same,, 
and the vessels in which the same is kept, amd upon the 
conviction of the occupant of such house or pleu^e or of any 
other person, for keeping liquor for sale in such house or 
place without license, the magistrate making such conviction 
may, in and by the said conviction, or by a separate or 
subsequent order, declare thesaid liquor and vessels, or any 
part thereof, to be forfeited to Her Ma^sty, and may order 
and direct that the said Inspector, policeman, constable or 
officer shall destroy the same or any part thereof, and the 
Inspector or other person as aforesaid shall thereupon forth^ 
with destroy the same or part thereof a» directed by such 
eonviction or order, 

NO LIQUOR TO BE SOLD WrTHOXTf LKTENfflE, 

Kquor not sofd 56, No pcrsou shall seU by wholesale or by retail any 
without lioanM. Hquors without having first obtained a license under thia 
Act, authorizing him so to do. 

(2,) No person, unless duly licensed, shall by any sign 
or notice give the public cause to believe that he is sq 
ficensed ; and the use of a-ny sign, or notice for such purpose 
i» hereby prohibited. 

tiquonnottobe 67. No pcrsoH shall keep or have in any hocwe, build- 

k«pt, Ac. jug^ shop, eating house or house of public entertainment, or 

in any room or place whatsoever, any liquors for the 

Eurpose of selling, bartering or trading therein, unless duly 
censed thereto under the provisions of this Act. 



1886L CHAPTER 3. 49 Vie. 85 

58. Sections fifty-six and fifty-seven shall not prevent g|Jj;^*;jQj'iJ2Jt 
any brewer, distiner or other /person duly Keensed by the.«L 
GovemmeRt of Canada under the iaws respeeting Inland 
Revenoe, to mannfaeture fermented, sprrituoas or other 
liquors, from keeping or having any liquor manufactured 
by him in fcny bvildin^ wherein such manufacture is carried 
on, provided such building does not communicate by any 
entrance with any shop or premises wherein any article 
authorized to be manuiactured under sdbh license Is sold 
by retail, or wherein any hroken package of such article is 
kept. 

(2.) Such hrewer, distiller or other person, is however 
further required to first obtain a license to sell by wholesale 
under this Act, but a brewer «ha11 not be required in order 
to obtain 'snch licence to get a petition under section ten of 
this Act, the liquor se manufactured by him, when sold for 
•coa^^umption within this Province, under which license the 
«aid liqnor may 1»e sold by santple or in original packages 
in any municipality as well as In that in which it is 
maoirfactured, %mt no such sale shall be in quantities less 
than those prescribed in a wholesale license. 

(S.) Every such brewer shall pay a wholesale license 
fee of -one hundred .and fifty dollars. 

59. la any municipality in which there are no licenses App<rfotroent of 
for the Bale of intolLicating li^uore, the Council for such**'*" 
municipality shi^l a|)point for each district one suitable 
person, to be called agent for the sale of liquors, to keep 
4ind sell such liquors as may t)e r^uired for medicinal, 
mechanical, manufacturing and other purposes, not Incon- 
Bistent with the provisions of this Act, and in such case not 
to be drunk in ^^r upon the premisesl 

(2.) Such agent shall keep a list of the names of persona 
purchaung liquor, the quality and description purchased by 
each •person, and the purpose to which such liquor is 
intended to be applied, and shall mak« a return ^f. the same 
under oath to the Council by which he is appointed, during 
each year that he shall hold office ; and he shall receive such 
•compensation for his services, and shall «conform to such 
I'egulations for the procuring and selling of such liquors, 
and shall also be liable to such penalties for neglect or 
violation of duty, as the Council appointing him shall 
pr^ribe. No such agent ahall have interest in such liquors 
•or in any profits arising from the sale. 

60. Ally Inspector of license or Justice of the peace, orSeirar* of in- 
*nyj?<?rson authorized by an Inspector of licenseor justice, iiq*uSa."* 



8ff 



49 Vic. 



CHAPTER 3; 



I886L 



may seize and destroy all intoxicating liquors found exposed.' 
or intended for illicit safe withiiv a tmle of aRjrmine or 
mining works, and for that purpose if necessary upon.^ 
reasonable^ grounds of suspicion may enter into- any house 
or building within a mile of such mine or mining works, 
and seize, take »way or destroy all auch iutoxieating/ 
liquorSk 

(2.) No ITcer^es shalF hereafter be grantecT m any 
proclaimed gold cnstnct or within a mile of any coal^ iron* 
or other mine or mining works. 



Not io be carried, 
with mails.. 



Cti«nii8ts and 
drug^sts not 
affected.. 



Ihspectore to 
visit nionth^. 



61. No mail carrier shall knowingly carry in^. the same- 
waggon or vehicle with Her Majesty's mails any intoxicat* 
ing li(}Uors, u^nder a penalty of twenty dollars for each* 
effence:. 

62. Sections numbered fifty-six and fifty-seven of this. 
Act shall not prevei»t any dieiuist or druggist duly registered 
as such under and by virtue of chapter 25; of the Revised 
Statutes, (tif tb sei'iJes,) " Of the sale of drags and medicines/' 
from keeping, having or selling liquors for strictly medicinal 
purposes, but no^ such safe shall be nmde in packages of 
more than six ounces at any one time^^except under certificate^ 
from a registered medical practitioner ; and it shall be the 
duty of every such chem^ist or druggist to record in a book to^ 
be open to^ the inspection of the members of the Council, or 
Inspector, every sale or other disposal by him of Kquor ; and. 
sucn record shall show, as to every such sale or disposal, the- 
time when, the person ta whom, and the quantity sold, and: 
the certificate of the medical practitioner, if any ; and ia 
default of such sale ©r cfisposal being so placed on record,, 
every such saFe or disposal shall,, pnma fdcie, be heM to be 
in contravention of the provisions eonti^ned ia the said 
sections erf this Act : 

(of) Provided always^ that no- person: authorized to selb 
liquors, as provided by this section, shall allow any liquors, 
sold by him or on his premises, ta be consumed within his 
shop, or the premises of which such shop> forms part. 

63. It shall be the dwty of the Chief or one of the- 
Inspectors, at leajt once in every three months, to visit and 
inspect every licensed place within the district, and to* 
report fwthwith to the Council, the Mayor or Warden, every 
ease of infraction of the pi'ovisions of this Act ; and every 
Inspector shall at once, and in conformity with the provisions 
herein contained, prosecute any person so offending, andshaU 
suffer no unnecessary delay to intervene between his obtain.-- 
ing the information antl the prosecution. 



188a CHAPTER 3. 49 ViC 87 

64. It shall be the duty of the Inspector to institute J^^J^^JJ: 
prosecutions whenever he has reason to believe that this ted. 
Act ha«i been violated, and that such prosecutions can be 
successfully maintained. 

(1) Whenever he is called upon to institute a prosecu- 
tion he mi^y. if he has reason to fear that the costs cannot be 
recovered from the defendant, exact from the person asking 
for the institution of such prosecution, the deposit of a 
reasonable amount or other security, to cover the same. 

65. For the punishment of offences asrainst section Peraities for 

r off n nrun 

forty of this Act, a penalty for the first oifence against the 
provisions thereof of twenty dollars with costs, in case of 
conviction, shall be recoverable from, and leviable against 
the ^oodb and cliattels of the person or persons who are the 
pioprietoi-s in occupancy, or the tenants or agents in 
occupancy of the licensed premises, and who are found by 
himself, herself, or themselves, or his, her, or their servants 
or ajjents, to have contravened the enactments in the said 
section containe.l or any ■ part thereof ; for the second 
offence a penalty shall be recoverable and leviable against 
the offender of fifty dollars with costs ; for the third offence 
a penalty shall be recoverable and leviable against the 
ofleHder of one hum! red dollars with costs, and in default 
of the payment of the penalties in this section before set 
forth, the offender shall be liable on conviction, to imprison- 
mejit in the common goal of the county or place within 
^hich the offence was committed, or the conviction takes 
plaoe, for the following terms, that is to say : in the ca?*e of 
a first conviction, fifteen days* of imprisonttient with hard 
labor; in the case of a second conviction, one month's 
imprisonment with hard labor; and in the case of a third 
eonviction, three months' imprisonment with hard labor. 

(L) No easts shall be allowed against any Municipality 
or License Inspector, unless the Court or Judge before whom 
the proceedings are taken by appeal or otherwise, shall be 
of opinion and certify that there was no reasonable or 
proliable eause for instituting the original proceedings. 

66. If any purchaser of any liquor from a person who Penalties for 
is not licensed to sell the same to be drunk on the premises, SuMiccnso." 
drinks, or causes or permits any other person to drink such 

liquor on the premises where the same is sold, the seller of 
»uch iiquor shall, if it appears that such drinking was with 
his privity or consent, be subject to the following penalties, 
that is to say: 

For the first offence he shall be liable to a penalty of 
twenty dollars. 



88 



49 Vic. 



CHAPTER 3. 



1886. 



IMfalltiOD of 

terms. 



Penaltie* tot 



For 8 second and any subsequent offence he shall be 
liable to a penalty of fifty dollars. 

67. For the purpose of this section the expression 
" premises where the same is sold " shall include any 
premises adjoining or near the premises where the liquor is 
sold, if belonging to the seller of the liquor, or under his 
control, or used by his permission. 

(2.) Any purchaser of liquors in a house or premises to 
which a shop or wholesale license applies, who drinks or 
causes any one to drink, or allows liquor to be drunk in the 
shop or premises where the same has been purchased, shall 
be liable to a penalty of twenty dollars. 

68. The police or Stipendiary Magistrate of any town, 
city or place, or any two justices, upon information to them 
or one of them respectively, that any keeper of any hotel 
or other licensed piemises, situate within their jurisdiction, 
sanctions or allows gambling or riotous or disorderly 
conduct in his house or premises, may summon such person 
to answer the complaint, and may investigate the same 
summarily, and either dismiss the complaint or convict the 
keeper of having an improper or a riotous or disorderly 
house, as the case may be, and such conviction shall ipso 
facto operate as a forfeiture of his license, with or without 
costs, as in the discretion of the convicting authority may 
seem just ; and in case such person is convicte«l under this 
section and his license annulled, he shall not be eligible to 
obtain a license for the period of two years thereafter. 

PenaitiMforun. 69. Any pcrsou who sclls or barters liquors of any 
uoensed selling, j^j^^j without the Hcense therefor by this Act required, shall, 
for the first offence, on conviction thereof, incur a penalty 
of fifty dollars and costs, and for the second offence, on 
conviction thereof, a penalty of eighty dollars and costs ; 
and for the third or any subsequent offence, on conviction 
thereof, such person shall pay a penalty of eighty dollars 
and costs, and in addition thereto be imprisoned in the 
common gaol of the county or place in which the offence 
was committed, to be kept at hard labor for a period not 
exceeding two months. 

70. When it shall be made to appear in open court 
that any person, by excessive drinking of liquor, misspends, 
wastes or lessens his or her estate, or greatly injures his or 
her health, or endangers or interrupts the peace and 
happiness of his or her family, the justices holding such 
court shall, by writing under the hands of two such justices, 
forbid any ^licensed person to sell him or her any liquor 
for the space of one year, and such justices, or any other 



Liquors not to be 
sold to drunk- 
ards. 



1886. CHAPTER 3. 49 Vic. 89 

two JQBtices, may, at the same or any other time, in like 
manner forhid the selling of any Kuch liquor to the said 
drunkard by SLuy such licensed person of any other city, 
town or district to which the drunkard resorts, or may be 
likely to resort for the same. " 

(2,) Whenever the sale of liquor to any such drunkard 
shall have been so prohibited, if any other person, with a 
knowledge of such prohibition gives, sells, purchases, or 

frocures for or on behalf of such prohibited person, or for 
is or her use, any liquor, such other person shall upon 
conviction, incur for every such offence a penalty of 
twenty dollars. 

71. (a) Any husband or wife, whose wife or husband aiief^^inijj«?tor 
has contracted the habit of drinking intoxicating liquor to ^""^ °** ^^' 
excess. 

(i) The father, mother, curator, tutor, or employer of 
any person under the age of twenty-one years who has 
contracted the habit of drinking intoxicating liquor to 
exce^a 

(c) The manager or person in charge of any a<«ylum or 
hospital, or other charitable institution in which any person 
so addicted resides, or is kept. 

{d) The curator or committee of any interdicted person 
or lunatic ; or 

(e) The father, mother, brother or sister, of the husband 
or wife of such person. 

(/} The parent, child, master, or guardian, or creditor 
of any person, who has contracted the habit of drinking 
liquor to excess. 

(g) May require the Chief Inspector to give notice in 
writing, signed by him, to any person licensed to sell 
liquors, that he is not to sell or deliver the same to the 
person addicted to such habit or to such interdicted person or 
lunatic. 

(2.) If, in the course of one year from the date of such 
notification, the person so notified, either personally or by 
his clerk, servant, or agent, sells or delivers such liquors 
otherwise than on a certificate, for medicinal puiposes, 
signed by a medical practitioner, to the person addicted to 
such habit, or to such lunatic or interdicted person, he shall 
incur a penalty of fifty dollars. 

72. Whenever, in any hotel or other house or place Liability to wj- 
where liquors are sold, whether legally or illegally, anyc^" n 06r n 
person has drunk to excess of intoxicating liquor of any 



00 49 Vic. CHAPTER 3. 1888. 

kinH therein furnished to him, and while in a state of 
intoxication from such drir king has come to his death by 
suicide or drowning, or perishing from cold or other accident 
occasioned by such intoxication, the keeper of such hotel 
or other house or place, and also any other person or per- 
sons who, for him, or in his employ', delivered to such 
person the liquor whereby such intoxication was caused, 
shall be jointly and severally liable to an action as for 
personal wrong at the suit of the lejral representatives of 
the deceased person, if such action be broui^ht within three 
months after such decease, but not otherwise, and such 
legal representatives may bring either a joint and several 
action against them or a separate action against either or 
any of them, and by such action or actions may recover 
such sums not less than one hundred nor more than one 
thousand dollars in the aj^gregate of any such actions as 
may therein be assessed by the court or judge or jury as 
damages. 

Penalty for faiw 73. Every pcrsou who, by falsely representing himself 
repreaen on. ^^ ^^ ^ guest, boarder or lodger, buys or obtains, or attempts 

to buy or obtain, at any premises, any liquor, shall be liable 

to a penalty of fifty dollars. 

Joint liability to 74. If a persou in a state of intoxication assaults any 

Eerson or injures any property, the person who furnished 
im with the liquor which caused such intoxication, if such 
furnishing was in violation of law, shall be jointly and 
severally liable to the same action bj'^ the party injui^ed as 
the person intoxicated may be liable to, and such party 
injured or his legal representatives may bring either ajoint 
and several action against the person intoxicated and the 
person or persons who furnished such liquor, or a separate 
action against any of them. 

Chief Inspector 7o. It shall not be lawful for the Chief Inspector or 
nioney! ^'^^^'^^any Inspector of any license district, either directly or 
indirectly to receive, take, or have any money whatsoever 
for any license report, matter or thing connected with or 
relating to any grant of any license, other than the sum to 
be paid therefor as the duty under the provisions of this 
Act ; or to receive, take or have any note, security or 
promise for the payment of any such money, or any part 
thereof, from any person or persons whatsoever ; and any 
person or persons guilty of, concerned in, or party to any 
act, matter or thing contrary to the provisions of this sec- 
tion or of section twenty-seven, shall be liable to a penalty 
of two hundred dollars, and to imprisonment not exceeding 
twelve months. 



1886. CHAPTER 3. 49 'Vic. 91 

76. Any Inspector, oflBcer, or other person who^ con- penalty ou cWet 
trary to the previsions of this Act, knowingly issues, or*""****^'* 
cftutjes or procures to be issued, an hotel, wholesale, or shop 

license, or a certificate therefor, shall, upon conviction 
thereof, for each offence pay a penalty of fifty dollars, nor 
more than one hundred dollars ; and in default of such 
payment of penalty the offender or offenders may be 
imprisoned in the common ^ol of the county or place in 
which the conviction takes place for a period not exceeding 
three months. 

77. Any person who, having violated any of the pro- J^"*^*?: **>' »^ 

i? ^iT- A A • J Li.y thng offence 

Visions of this Act, compromises, compouncis or settles, or 
offers or attempts to compromise, compound or settle, the 
offence with any person, or persons, with the view of pre- 
venting; any complaint being made in respect thereof, or, if 
a complaint has been made, with the view of getting rid 
of such complaint, or of stopping or having the same dis- 
inis.«»ed for want of prosecution or otherwise, shall on con- ^ 

viction thereof incur a penalty of fifty dollars. 

78. Every person who is concerneil in, or is a party to Penalty for par* 
the compromise, composition or settlement mentioned in*^®*^***"*' 

the next preceding section, shall incur a penalty of fifty 
dollars. 

79. Any one knowinff, or having reason to believe, P«n»**y'o'"P't* 

ii . 1 "^ . -,.11 1 • 1 'ventmf arrest,, 

uiat an order to commit to gaol has been issued against dkc. 
any person under this Act who prevents the arrest of the 
defendant, or procures or facilitates by any act or counsel, 
or in any other manner whatsoever, his avoidance of arrest, 
or who provides the defendant with the means of avoiding 
arrest, shall incur a penalty of fifty dollars, 

80. Any pel son who, on any prosecution under this PeiwWy tor tam. 
Act, tampers with a witness, either before or after he is Seas?*^ * 
summoned or appears as such witness on any trial or pro- 

ceeding under this Act, or by the ofjer of money, or by 
threats, or in any other way, either directly or indirectly, 
induces or attempts to induce t^ny such person to absent 
himself, or to swear falsely, shall be liable to a penalty of 
two hundred dollars, and to imprisonment not exceeding 
one year. 

81. Every second conviction for any oflTence against second oonvic^ 
the provisions of sections thirty-nine, forty, forty-two, forty- license. ° ^ 
six, forty-eight, forty-nine, fifty, fifty-one, fifty-two, fifty- 
three, seventy and seventy- one, and every conviction for 

an offence against the provisions of any one of the said 



92 49 Vic. CHAPTER 3. 188«. 

sections when there has been a previous conviction for an 
offence against the provisions of any other of them, and 
every third conviction for an offence against the provisions 
of this Act, or an}' of them, shall operate a forfeiture of 
the license of the offender. 

r^filiJaJSi*" ^^- Every person who shall violate any of the pro- 
visions of this Act, for which violation no penalty is herein 
specially provided, shall incur and pay a penalty not 
exceeding twenty dollars. 

PENALTIES NOT TO BE REMITTED. 

KranSud!^ *® 83. No magistrate, inspector, or municipal council, or 
municipal officer, shall have any power or authority to 
remit, suspend or compromise any penalty or punishment 
inflicted under this Act. 

PROSECUTIONS. 

wh?n to'be ^*' ^^^ information or complaints for the prosecution 

«nad«. of any offence against any of the provisions of this Act, 

shall be laid or made in writing, within ninety days after 

the commission of the offence. 

J|«'oj« whomto 85. Such prosecution may be brought before a stipen- 
diary magistrate or police magistrate or before any two 
justices of the peace of the county in which the offence 
was committed, and such magistrates or justices shall have 
jurisdiction irrespective of the amount or extent of any 
penalty by this Act imposed. 

If before stipcn- 86. If such prosccutiou is brought' before any such 
^**'^''**^'*** stipendiary magistrate or police magistrate no other magis- 
trate shall sit or take part therein. 

ifb«roretwo 87. If such prosecution is brought before any two 

justices of the peace, the summons shall be signed by one 
of them, and no other justice than one of them shall sit or 
take part therein, unless by reason of their absence, or the 
absence of one of them, nor yet in the latter case, unless 
with the assent of the other of them. 

De«:ription d 88. The description of any offence under this Act, in 

the words of this Act or in words of like effect, shall be suffi- 
cient in law, and any exception, exemption, proviso, excuse, 
or qualification, whether it does or does not accompany 
the description of the offence in this Act, may be proved 
by the defendant, but need not be specified or negatived in 
the information ; but if it be so specified or negatived, no 
proof in relation to the matter so specified or negatived 



«ireoce. 



1886. CHAPTER 3. 49 Vic. 98 

shall be required on the part of the informant or com- 
plainant' 

89. Several cases of contravention of this Act, com- ^ujjjjjy ^ 
mitted by the same person, may be included in one and the 

same information or complaint, provided that such infor- 
mation or complaint, and the summons issued thereon, con- 
tains specifically the time and place of each contravention. 

FORM OF INFORMATIOXS AND OTHER PROCEEDINGS. 

90. In describing offences respecting the sale or other J|J2^£j!*'" 
disposal of liquor, or the keeping or the consumption of 

liquor, in any information, summons, conviction, warrant, 
or proceeding under this Act, it shall be sufficient to state 
the sale, disposal, keeping or consumption of liquor simply, 
without stating the name or kind of such liquor, or the 
price thereof, or the name of any person to whom it was 
sold or disposed of, or by whom it was consumed ; and it 
shall not be necessary to state the quantity of liquor so 
sold, disposed of, kept, or consume^, except in the case of 
offenders where the quantity is essential, and then it shall 
be sufficient to allege the sale or disposal of more or less 
than sach quantity, as the case may require. 

91. In the event of any variance between the informa- Magfitrate may 
tion and the evidence adduced in support thereof, the**"*™*'** 
magistrate may amend or alter such information, and may 
substitute for the offence charged therein any other offence 

against the provisions of this Act ; but if it appears that 
the defendant has been materially misled by such variance^ 
the said magistrate shall thereupon adjourn the hearing of 
the case to some future day, unless the defendant waives 
such adjournment. 

92. The forms set forth in the fourth and subsequent Fomu in Khe- 
achedules to this Act. or any forms to the like effect, shall '*°^'" ■**"****"*■ 
be sufficient in the cases thereby respectively provided for, 

and when no forms are prescribed by the said fourth and 
subsequent schedules, new ones may be framed in accord- 
ance with those appended to chapter 103 of the Revised 
Statutes," Of summary convictions and orders of justices of 
the peace." 

PROCEDURE IN CASES WHERE PREVIOUS CONVICTION IS 

CHARGED. 

93. The proceedings upon any information for com-Pw»«*«'v 
mitting an offence against any of the provisions of this wnviotlfon. ^^ 
Act, in a case where a previous conviction or convictions 

are charged, shall be as follows : 

(1.) The magistrate shall, in the first instance, inquire 



«* 49 Via CHAPTER 3. 1886; 

concerning sttch subsequent offence only, and if the accused 
be found guilty thereof, he shall then, and not before, be 
asked whether he was so previously convicted, as alleged 
in the information, and if he answers that he \^as so previ- 
x)usly convicted, he may be sentenced accordingly, but if. 
he denies that he was so previously convicted, or standi 
itnute of malice, or does not answer directly to such question, 
the magistrate shall then enquire concerning such previous 
conviction or convictiona 

(2v) The number of such previous convictions shall be 
provable by the production of a certiticate purporting to be 
under the hand of the convicting magistrate, or of the 
prothonotary, clerk of the county court, clerk of the muni- 
cipality, or other person having the custody thereof, with-- 
out proof of his signature or official character, or by othef 
satisfactory evidence^ 

(3.) In the e\*ent of any conviction for any second or 
subsequent offence becoming Void or defective, after the 
making thereof, by reason of any previous conviction bein(;( 
set aside, quashed, or otherwise rendered void, the justices^ 
t)r other authority by whom such sec )nd or subsequent 
conviction was made, may, by warrant under their or his 
hand, summon the person convicted to appear at a time and 
place to be named in such warrant, and may thereupon, 
upon proof of the due service of such warrant, if such per- 
son fails to appear, or on his appearance, amend such 
second or subse<|uent conviction, and adjuige such penalty 
or punishment as might haVe been adjudged, had such 
previous conviction never existed : and such amended con- 
viction shall thereupon be held Valid to all intents and 
purposes, as if it had been made in the first instance. 

(f) In case any person who has been convicted of a 
contravention of any provision of any of the sections of 
this Act mentioned in section eighty-one, is afterwards 
convicted of an offence against any provision of any of the 
said sections, such conviction shall be deemed a conviction 
for a second offence, within the meaning of the said section^ 
and may he dealt with and punished accordin<(ly, although 
the two convictions may have been under different sections^ 

^hviction for 94. A conviction may in any case be had as for a first 

flritoff«nc«, ofience, notwithstanding that there may have been a prior 

^ conviction or convictions for the same or any other offence. 

Conviction for 95. Convictious for several offences may be made 
M%*«ni offences, ^jjjgj. t^j^jg ^q^^ although sucli oflences may have been com- 



188R CHAPTER S. 49 Vic. 95 

taitted on the .««nie day ; but the increased ponalty or 
punishment hereinbefore imposed shall only be incurred or 
awarded in the case of oti'ences committed on diti'erent 
days, and after information laid for a iirst otf ence* 

96. No conviction or warrant for enforcing the same ^*'!*"<*" »*>* V* 

• 1- 1 t • 1 1 11 1 effect warrant, 

or any other process or proceeding under this Act, shall be *<3. 
held insufBcient or invalid by reason of any variance 
between the information or summons, and the conviction, 
or of there being no information, or by reason of any other 
defect in form or substance, provided it can be understood 
from such conviction, warrant, process or proceeding, that 
the same is made for an offence against some provision of 
this Act, within the territorial jurisdiction of the justice, 
justices, or magistrate who made or signed the same, and 
provide<l that it can be understood from such convictionj 
warrant, or process that the appi'opriate penalty or punish-* 
ment for such offence was intended to be adjudged. 

(2.) Upon any application to quash any such convic- 
tion, or the warrant for enforcing the same, or other process 
or proceeding, whether in appeal or upon halxuis corpast 
or otherwise, the court or judge to which such appeal is 
made or to which such application has been made upon 
hibetis corpvbS, or otherwise, shall dispose of such a))peal 
or application upon the merits, notwithstanding any such 
variance or defect as aforesaid ; and in all cases where it 
appears that the merits have been tried, and that the con- 
viction, warrant, process, or proceedings, "is suttici^nt and 
valid, under this section or otherwise, such conviction, war- 
rant, process, or proceedings, shall be athrmed, or shall not 
be quashed (as the case may be): and such court or ju«lge 
may in any case amend the same if necessary, and any 
conviction, warrant, process or proceeding so affirmed, or 
affirmed and amended, shall be enforced in the same manner 
as convictions affirmed on appeal. 

97. Any person may be prosecutor or complainant undef Profecutot- or 

this Act. ' complainant. 

98. No Inspector of licenses who is a justice shall try inspector not to 
or a«lju<licate upon any complaint for an infraction of any ^""^ *^*^^**"** 
of the provisions of this Act, coiimiitted within the limits 

of the license district for which he is Inspector. 

99. All the provisions of chapter 108 of the Revised Revised stfttuk«f 
Statutes, *' Of summary convictions and orders of justices ****^'^*^* 

of the peace," and the Acts already passed, or which 
may U hereafter passed, amending the same, shall apj.ly to 



9C 49 Via CHAPTER 8. 1886, 

^ all prosecutions and proceedings under this Act, so far as 

the same are consistent with this Act. 

(2.) The magistrate shall in all cases reduce, or cause 
to be reduced to writing, the evidence of the witnesses 
examined before him, and shall read the same over to such 
witnesses, who shall sign the same. 

^i?u*'1i*"**2c** ^^* Whenever a licensee is convicted of any offence 
' ' against the provisions of thin Act, a record thereof shall be 
endorsed on the license of the person convicted, and the 
following provisions shall have effect, that is to say : 

(1.) The magistrate before whom any licensed person 
is accused, shall require such person to produce and deliver 
to him the license under which such person carries on 
business, and the summons shall state that such production 
will be required. 

(2.) If such person is convicted, the court shall cause 
the short particulars of such conviction and the penalty 
imposed, to be endorsed on his license before it is returned 
to the offender. 

(3.) The Chief Inspector shall enter the particulars 
respecting such conviction, or such of them as the case may 
require, in the register of licenses kept by him under this 
Act 

(4 ) Where the conviction of any such person has the 
effect of causing the forfeiture of the license, or of dis- 
qualifying any person for the purposes of this Act, the 
license shall be retained by the magistrate, and notice of 
such forfeiture or disqualification shall be sent to the Chief 
Inspector of the proper district. 

SmirtfoS**' ^^^' '^^^ magistrate on any conviction against a 

licensed person for an offence against this Act, shall send 
forthwith to the Chief Inspector of the proper district a 
certificate of such conviction. 

SSSi'S**** '^ 102. For the additional duties imposed by the two 
next preceding sections, the magistrate shall be entitled to 
charge as costs in the proceedings the following sums : — 
For making out and forwarding certificate of conviction to 
the Chief Inspector, the sum of fifty cents. For recording 
the conviction on the license, the sum of fifty cents. 

APPEALS. 

{In 00868 under Section 69.) 

Conviction to be 103. In all cascs of prosecution for any offence against 
any of the provisions of this Act, for which any penalty or 
punishment is prescribed by the sixty-ninth section of this 



1886. CHAPTER S. 49 Vic. 97 

Act, the conviction or order of the justice or magistrate, 
«s the case may be, shall, except as hereinafter mentioned, 
be final and conclusive, and except as hereinafter mentioned 
there shall be no appeal against such conviction or order to 
any other court. 

(2) An appeal shall He from a conviction for any 
offence for which a penalty or punishment is prescribed by 
the sixty-ninth section of this Act, to the judge of the 
connty court of the county in which the conviction is had, 
withont a jury, provided a notice in writing of such appeal 
is {jiven to the prosecutor or complainant within five days 
after the date of the said conviction, subject to the follow- 
ing provisions : 

(3.) The person convicted, in case he is in custody, 
shall either remain in custody until the hearing of such 
appeal before the said judge, or (where the penalty of 
imprisonment with or without hard labor is adjudged) shall 
enter into a bond to the prosecutor with two Mutiicient 
aareties. in the sum of two hundred dollars each, such bond 
to be approved of by the convicting magistrate, conditioned 
personally to appear before the said judge, and to try such 
appeal and abide his judgment thereupon, and to pay such 
costs as he may order ; and in case the appeal is against a 
conviction whereby only a penalty or sum of money is 
adjudged to be paid, the appellant may (although the order 
directs imprisonment in default of payment), instead of 
remaining in custody as aforesaid, give such bond as afore- 
said, or may deposit with the magistrate convicting the 
amoant of the penalty and costs, and a further sum of 
twenty-five dollars to answer the respondent's costs of 
appeal 

(4.) Upon such bond being given or deposit made, the 
magistrate shall liberate such person if in custody, and 
shall forthwith deliver or transmit by registered letter, 
post-paid, the depositions and papers in the case, with the 
bond or deposit as the case may be, to the clerk of the 
court of which the judge to whom the appeal is made is 
the judge. 

104. The practice and procedure upon such appeal, Practic«, ac, in 
and the proceedings thereon shall, as nearly as possible be ^ ^^ ^v^ 
as follows : — 

(1.) Within ten days after the date of the conviction, 

but not afterwards, unless it is made to appear to the judge 

that the delay arose wholly from the default of the convict- 

u% magistrate, the judge, if he is of opinion from the 

7 



98 49 Vic. CHAPTER 3. 1886. 

evidence that the conviction may be erroneous, may grant 
a summons calling upon the Chief Inspector and the 
prosecutor to show cause why the conviction should not 
be quashed. 

(2.) Such summons shall not be granted in any case 
after the expiration of one month from the date of the 
conviction. 

(3.) Upon the return of the summons, the judf^e. upon 
hearing the parties, may either affirm or quash the con- 
viction, or if he thinks fit may hear the evidence of such 
other witness or witnesses as may be produced before him, 
or the further evidence of any witness already examined, 
and may then make an order aflSrmino;, or amending and 
affirming, or quashing the conviction, as he may think ju.st, 
and, except as hereinafter mentioned, may order the pay- 
ment of costs, and may fix the amount thereof. 

(4.) Upon the production of the judge's order affirming 
or amending and affirming the conviction, the magistrate 
Mho has made the conviction shall, if the case is one in 
which a bond has not been given, issue his warrant for the 
payment of such further sum for casts as the sum deposited 
with him is insufficient to pay ; if the conviction is quashed 
the judge shall order a return of the money deposited, and 
subject to the limitation hereinafter contained, shall have 
authority to order payment of such sum for costs as he may 
tax and allow ; and unless the sum is paid by the com- 
plainant, the magistrate shall issue his warrant to levy the 
costs. 

(5.) If by the conviction it is adjudged that the person 
convicted should be imprisoned, and the conviction is 
affirmed, or amended and affirmed, or if the person ctmvicted 
fails duly to prosecute the appeal, the Judge shall issue his 
warrant for commitment to the proper gaol or other place 
of imprisonment, of the person convicted, and unless such 
person, within one week thereafter, surrenders himself into 
the custody of the constable or other officer entrusted with 
the execution of the warrant, the condition of the bond 
^ shall be deemed broken and the obligee may proceed and 
enforce the same. 

(6.) No proceedings upon such bond shall relieve the 
person convicted from undergoing the term of imprisonment 
to which he was sentenced, and the warrant of the judge 
issued in that beha,lf, or any new warrant issued by him, 
may be executed in any part of the Province in which tlie 
conviction was had, in the same manner and subject to the 
like conditions as a warrant of a justice for the apprehension 
of an otiender. 



1886. CHAPTER 8. 49 Via 99 

(7.) In case it is proved to the satisfaction of the judge 
that the person convicted had previously served a portion 
of his term, the judge shall only i^4sue his warrant for the 
commitment of the defendant for the residue of the term of 
imprisonment to which he was sentenced; the judge may 
if he thinks fit transmit his said warrant to the convicting 
magistrate, in t)rder that he may place the same in the 
liands of a constable for execution. 

(8.) Any warrant issued under this section may be 
directed in the same manner and executed by the like 
officers as a warrant of commitment upon a summary 
conviction under any Act of the Province of Nova Scotia 
heretofore passed. 

(9.) In all cases of appeal to a judge from any conviction 
under this Act had before a magistrate, the judge to whom 
such appeal is made shall hear and determine the charge or 
complaint on which such conviction has been had« upon the 
merits, notwithstanding any defect of form or otherwise in 
Buch ooDviction ; and if the person charged or vcomplained 
against is found to have been guilty, the conviction shall be 
affirmed, and the judge shall amend the same if necessary. 

(10.) The magistrate shall refrain anj' moneys deposited 
with him as aforesaid for the period of six months, unless 
ju'lgment is sooner given, and upon the judgment in appeal 
heing given, or upon the expiration of six months from the 
day of the date of the conviction, the magistrate shall pay 
over such moneys k) the person or persons entitled thereto, 
in accoriance with the judginent ; and if the judgment in 
appeal is not delivered within six months fiom the day of 
4he date of the conviction, the<;onviction shall stand, but 
the respondent shall not be entitled to any costs of appeal ; 
and in case imprisonment was adjudged by the conviction, 
the convicting magistrate shall, or any other magistrate 
may, issue his warrant for the commitment of the person 
convicted for any portion of the terra which he has not 
served, and no further proceddings shall be taken on the 
appeal. 

(11.) Xo conviction affirmed, or amended and affirmed 
on appeal by the judge, shall be quashed for want of form, 
or be removed by " certiorari" into any of Her Majesty s 
superior courts of record ; and no warrant or commitment 
shall be held voi«l by reason of any defect therein, provided 
it is therein alleged that the party has been convicted and 
there is a good and valid conviction to sustain the same. 

(12.) And no conviction in respect of which there has 
been no appeal, shall be removed by certiorari, into either 
ihe Supreme or County Court, whore the convicting 



100 49 Vic. CHAPTER 3. 1886, 

magistrate had authority or jurisdiction to make such 
conviction. 

(13.) In every process and all proceedings before a 
judge under this section, the judge shall, with reference to 
the matters herein contained, have all the powers which 
belong to or might be exercised by him in the court of 
which he is a member ; and all necessary process may be 
issued from the office of the clerk of the court, and all 
appeals and other proceedings in the County Court under 
this Act may be heard and determined at iJhambersw 

Third oonvietion 105. When not otherwise provided, a third conviction 
% forfeiture, ^^f ^ licensed person under this Act for any violation or 
contravention of the provisions of this Act shall ipso facto 
operate &s a forfeiture of his license, and disqualify the 
person convicted from obtaining a license for three year» 
thereafter. 

PenaitiMto 106. The penalties in money under this Act, or any 

whom paid. portion of them which may be recovered, shall be paid to 
the convicting magistrate, and shall by him be paid to the 
Chief Inspector, and in case such Inspector is not the 
prosecutor or complainant, then one moiety thereof shall be 
paid to the treasurer of the municipality wherein the 
offence was committed, and the other moiety shall be paid 
to the prosecutor or complainant. 

(2.) No action, suit or proceeding shall be commenced, 
no writ shall be sued out against, nor a copy of any process 
served upon, any Inspector of licenses or other person 
employed in carrying into effect any of the provisions of 
this Act, or in enforcing any process issued in pursuance 
thereof, until one month after notice in writing has been 
delivered to him or left at his usual place of abode, by the 
solicitor or agent of the party who intends to sue out such 
writ or process, in which notice shall be clearly and 
explicitly contained the cause of action, the name and 
place of abode of the person who is to bring such action, 
the name and place of abode of the solicitor or agent, and 
the place where such action is intended to be tried, and no 
evidence of any cause of such action shall be produced 
except of such as is contained in such notice, and no verdict 
or judgment shall be given for the plaintiff unless he proves 
on the trial that such notice was given, and in default of 
such proof the defendant shall receive a verdict or judg- 
ment and costs. 

(3.) Eveiy such action, suit or proceeding, must be 
brought within three months after the cause thereof, and 



1888. CHAPTER 3, 49 Via 101 

laid and tried ia the place or district where the acts were 
committed. 

(4.) If the court or judge, before whom such action is 
tried, certifies that the defendant in such action acted upon 
reasonable or probable cause, in respect to the matter about 
which such action was brought, then the plaintiff in such 
action shall not be entitled to more than twenty cents 
damages, nor to any costs of suit 

EVIDENCE, ETC. 

107. In any prosecution or proceeding under this Act,intp«otor'soerti- 
in which proof is required respecting any license, a certificate *^** '""*^*"'' 
purport ing to be under the hand of the Chief Inspector of 

the district shall be prima fack proof of the existence of a 
license, and of the identity of the person to whom the same 
was granted ; and the production of such certificate shall be 
sufficient pHma facie evidence of the facts therein stated 
and of the authority of the Chief Inspector, without aiiy 
proof of his appointment or signature. 

108. Any resolution of the Council passed under theOttuneirireroiu- 
terms or provisions of this Act, shall be sufficiently authen- tbentioated. 
ticated by being signed by the clerk of the Council which 

passed the same ; and a copy of any such resolution written 
or printed, and certified to be a true copy by such clerk 
shall be deemed authentic, and be received in evidence in 
any court of justice without proof of any such signature, 
unless ic is specially pleaded or alleged that the signature 
to any such original resolution has been forged. 

109. Any house, shop, room, or other place in which itprimt facie e^ 
h proved that there exist a bar, counter, beer pumpt, kegs,^*"*^ 

jars, decanters, tumblers, glasses or any other appliances or 
preparations similar to those usually found in taverns and 
shops where liquors have hitherto been accustomed to be 
sold or trafiicked in, shall be deemed to be a place in which 
liquors are kept or had for the purpose of being sold, 
bartered or traded in, in contravention of the fifty-seventh 
section of this Act, unless the contrary is proved by the 
defendant in any prosecution; and the occupant of such 
house, shop, room or other place shall be taken privia facie 
to be the person who has, or keeps therein, such liquors for 
sale, barter or traffic, therein. 

110. In proving the sale or disposal, gratuitous or what proof hui- 
otherwise, or consumption of liquor, for the purpose of any *" 
proceeding relative to any ottence under this Act, it shall 

not be necessary to show that any money actually passed, 



im 49^ Vic. CHAPTER 3. 188& 

or any liquor was actually consumed, if the magistrate 
hearincr the c&se is satisfied that a transaction in the nature- 
of a sale or other disposal actually took place, or that any 
consumption of liquor was about to take place ; and proof 
of consumption or intended consumption of liquor oih 
premises under license, or in respect to which a license is. 
required under this Act, by some person other than the- 
occupier of the premises, shall be evidence that s«ch liquor 
was sold to the person consuming, or being about to con- 
sume, or carrying away the same. a» against the holder of 
the license or the occupant of the said premises. 

Prima facie ev[. m^ Jn all cases whore any person or persons other 
than members or the famuy or household of the keeper of 
a licensed hotel or shop, is or are found frequenting or 
present, or where gas or other light is seen burning in the 
part of such hotel or shop where liquor is kept or trafficked 
in, at any time daring which the sale or other disposal of 
liquors is prohibited by any provision of this Act. any such 
fact when proved shall be deemed and taken as jyrim/i facie- 
evidence that a sale or other disposal of liquors by the 
keeper of such licensed place has taken place contrary to^ 
the provisions of the fortieth section of this Act, and such 
keeper may thereupon be convicted of an offence against 
the said section, and shall upon conviction, be subject to the 
punishment prescribed in and by the sixty-fifth section o£ 
this Act. 

UMiiytoT 112. The occupant of any house, shop, room or other 

^*^ ^' place in which any sale, barter or traffic of liquors, or any 

matter, act or thing in contravention of any of the pro- 
visions of this Act has taken place, shall be personally lial>le 
to the penalty and punishment prescribed in the sixty-fifth 
and sixty-sixth sections of this Act, as the case may be,, 
notwithstanding such sale, barter or traffic be mad^ by some 
other, who cannot be proved to have so acted under or by 
the direction of such occupant; and proof of the fact of 
such sale, barter or traffic, or other act, matter or thing, by 
ajiy person in the employ of such occupant, or who is 
suffered to be or remain in or upon the piemises of such 
occupsnt, or to act in any way for such occupant, shall be 
presumptive evidence that such sale, barter or traffic, or 
other act, matter or thing, took place with the authority » 
and by the direction of such occupant, and the burden of 
proof that such sale, bai ter or traffic, or other act, matter or 
thing, took place without the authority or directions of such 
occupant, shall be thrown upon the defendant. And such 
person or employe, if prosecuted for any such eontraven-- 



1886. CHAPTER 3. 49 Via 103 

tion, shall also be held equally guilty with the principal, 
and shall be liable, on summary conviction, to the same 
penalty or punishment 

113. In any prosecution under this Act for the sale ori>«fendant put 
other disposal of liquor without the license required by law,*^" *°**' 

it shall not be necessary that any witness should depose 
directly to the precise descri ration of the liquor sold or 
bartered, or the precise consideration therefor, or to the 
fact of the sale or other disposal having taken place with 
his participation, but the justices or magistrate trying the 
ca^, so soon as it appears to them or him that the circum- 
stances in evidence sufficiently establish the infraction of 
law complained of. shall put the defendant on his defence, 
and in default of his rebuttal of such evidence, shall convict 
him accordingly. 

1 14. In any prosecution under this Act, whenever it Defendant to 
appears that the defendant has done any act, or been *"*^***^" ****""* 
gnilty of any omission in respect of which, were he not duly 
licensed, he would be liable to some penalty under this Act, 

it shall be incumbent upon the defendant to prove that he 
is duly licensed, and that he did the said act lawfully. 

115. The fact of any person, not being a licensed what prinAiaoto 
person, keeping up any sign, writing, painting or other •^'**"*** 
mark, in or near to his house or premises, or having bottles 

or casks in such house or premises displayed so as to induce 
a rea^^onable belief that such house or premises is or are 
licensed for the sale of any liquor, or that liquor is sold or 
served therein, or that there is on such premises more 
liquor than is reasonably required for the persons residing 
therein, «hall be deemed privia facie evidence of the 
Qnl&wfid sale of liquor by such person. 

116. The production of a license which on its face Production otii- 
purports to be duly issued, and which, were it duly issued, 2I2J *° certain 
would be a lawful authority to the defendant for such act 

or omission, shall be prima facie evidence that the defendant 
is 80 authorized ; and in all cases the signature to and upon 
any instrument purporting to be a valid license shall priTaa 
facie be taken to be genuine. 

WITNESSES. 

117. In any prosecution under this Act. the magistrate witnew maj be 
trying the case may summon any person represented to i^iii/**™*"*"^*- 

ai a material witness in i elation thereto; and if such person 



104 49 Via CHAPTER 3. 1886. 

refuses or neglects to attend purnaant to sach summons the 
magistrate may issue his warrant for the arrest of such 
person ; and he shall thereupon be brought before the 
magistrate, and if he refuses to be sworn or to affirm, or to 
answer any question touching the case, he may be committed 
to the common gaol of the county or place, or to a lock-up, 
there to remain until he consents to be sworn or to affirm 
and to answer. 

Production of 118. Any persou summoned as a party to, or as a 

woiu, papen, witness in, any proceeding under this Act, may by the 
summons be required to produce, at the time and place 
appointed for his attendance, all books, and papers, accounts, 
deeds and other documents in his possession, custody or 
control, relating to any matter connected with the said 
proceeding, saving all just exceptions to such production ; 
and shall be liable to the same penalties for non-production 
of such books, papers or documents, as he would incur by 
refusal or neglect to attend pursuant to such summons, 
or to be sworn or to answer any question touching the 
case. 

witneM bound 119. Every person, other than the defendant summoned 
toaniwer. or examined as a witness in any prosecution brought under 
this Act, is bound to answer all questions put to him, and 
which are pertinent to the issue, notwithstanding that his 
answers may disclose facts tending to subject him to any 
penalty imposed by this Act ; but such evidence shall not 
be used against him in any prosecution. 

Husband and 120. On the trial of any information or complaint 

wife oooipetent. ^„ j^,j. ^j^^ provisions of this Act, the person charged, or 
husband of such person, shall be competent and coftipellable 
to give evidence as a witness in the said matter, but nothing 
in this Act shall compel a defendant to answer any question 
which may tend to criminate himself or herself. 

Munici^iity o 121. Every municipality is authorized to pay out of 
pay C06 , a ^j^^ funds of Said municipality all costs, charges and expenses 
of enforcing the provisions of this Act, and shall provide a 
suitable office for the Chief Inspector of Licenses. 

Incarceration of 122. In all cascs whcrc any person has been convicted 
defendant ^f ^^^^ offencc uudcr this Act, and is adjudged to pay a 
pecuniary penalty only, or, in addition thereto, to sutfer 
imprisonment, the justice may, in order to enforce the pay- 
ment of such penalty, and without the issue of a warrant of 



188ft CHAPTER 3. 49 Vic. 106 

distress, by a warrant of commitment, direct that such 
person shall be committed to gaol until the amount of such 
penalty and all costs are paid ; provided, however, that such 
person shall not remain in gaol for a longer period than one 
month, in addition to the period of imprisonment (if any), 
imposed by the conviction. 

123. In every municipality wherein the second part off^^^^j^^ 
the Canada Temperance Act, 1878, has been or shall 
hereafter be proclaimed or come into force, the Council may 

appoint one or more persons for the purpose of enforcing 
and carrying out the provisions of said Act, to he called the 
Inspector, and said Inspector shall have all the authority 
conferred by any Act of this Province on constables, special 
constables, policemen and other peace officers, and every 
municipality is authorized to pay out of the funds of said 
municipality, ail costs, charges and expenses of enforcing 
and carrying out the provisions of said Act. 

124. Chapter 75 cf the Revised Statutes, " Of Licenses Ropeaiing 
for the Sale of Intoxicating Liquors," and so much of chapter *^^"^ 
81 of the Acts of 1864, being an Act to incorporate the city 

of Halifax, and all amendments thereto as relates to the 
sale of intoxicating liquors in the City of Halifax, and all 
Acts relating to the licensing or sale of intoxicating liquors 
in Nova Scotia, and all Acts inconsistent with the provisions 
of this Act. are hereby repealed. Provided that such repeal 
shall not affect the past operation of any enactment hereby 
repealed, nor any thing duly done under any enactment 
hereby repealed, nor any license for the sale of intoxicating 
liquor duly granted at the time of the passing hereof ; and 
further provided, that until the first day of January, A. D., 
1888, all persons now entitled by law to sell liquor without 
license, may do so until the said last mentioned date ; and, 
further provided, that all persons holding a license at the 
date of the passage of this Act, violating any provision of 
the law now in force in respect to the sale of intoxicating 
liquor, may until the said last mentioned date, be prosecuted 
under the provisions of the Acts hereby repealed ; and, 
further provided, that all licenses for the sale of intoxicat- 
ing liquor which at the time of the passing of this Act 
may have been duly issued, shall extend to and be con- 
sidered as in force until the sixteenth day of March, A D,, 
18»7. 



106 49 Vic. CHAPTER 3, 1886. 



FIRST SCHEDULE. 



HOTEL LICENSE. 



Whereas the Council for the district of 

have by their resolution, dated the day of 

authorized the issue to of of an hotel 

license, for the house to be known as situate 

and whereas the said has entered into the 

bond with sureties required by the Liquor License Act, 

1886, and paid the sum of dollars as the duty on 

such license : 

Now I do hereby declare that the said is 

licensed to sell and dispose of liquo'^s, in quantities not 
exceeding one quart, to b >nafide guests or lodgers htma fide 
residing or boarding in the said hotel, during regular meals 
at said hotel, to be drunk or used by such guests or lodgers 
at their meals at the table in such hotel and not otherwise, 
and to bona fide guests or lodgers in their rooms in 
such hotel, to he drunk in such room and not otherwise, 
between the hours of seven o'clock in the morning and six 
o'clock in the evening on Saturday, between the hours of 
seven o'clock in the morning and nine o'clock au night on 
other week days (except on days on which polling may be 
had, respecting the polling district in which the said 
premises are situate, at a parliamentary election or at any 
election for the House of Assembly, or a municipal election) 
and between 1 P. M , and 3 P. M., ami 5 P. M.. and 7 P. M., 
on Sundays, to bona fide guests or lodgers in the said hotel, 
to be drunk only at meals at the table. 

And this license shall commence upon the day of 

and continue until midnight on the day of 

next ensuing. 

Given under my hand this day of one 

thousand eight hundred and 

, Mayor or Warden. 

, Chief Inspector. 



SHOP LICENSE. 

Whereas the council for the district of 

have by their resolution dated the day of 

authorized the issue to of of a shop license 

for the house situate {describe by street and number or other- 
wine ); and whereas the said hath entered into 



188& CHAPTER 8. 49 Vk. lOT 

the bond with sureties required by "The Liquor License 

Act 1886," and paid the sum of dollars as the 

doty on such license. 

Now I do hereby declare that the said is 

licensed to sell and dispose of liquors not to be drunk in or 
upon the premises for which the license is granted, in 
quantities not less than one imperial pint at any one time 
to any one person between the hours of seven o'clock in 
the morning and six o'clock in the evening on Saturday, 
between seven of the' clock in the morning and nine of tho 
clock in the night on other week days, except on days on 
which polling may be had respecting the polling district in 
which the said premises are situate at a parliamentary 
election or at an election for the House of Assembly or a 
municipal election. 

This license shall commence on the day of 

and continue until midnight on the day 

of next ensuing. 

Given under my hand this day of on^ 

thousand eight hundred and 



-, Chief Inspector. 



-, Mayor (w Warden. 



WHOLESALE LICENSE. 

Whereas, the council for the district of 

have by their certificate, dated the day of 

authorized the issue to of a wholesale license for 

the house or premises situate and whereas 

the said hath paid the sum of dollars as 

the duty on such license. 

Now, I do hereby declare that the said is 

licensed to sell liquor, not to be consumed in or wpon the 
premises to which this license applies, in quantities not less 
than an octave in each cask or vessel at any one time, or if 
bottled, in quantities not less than one dozen reputed quart 
bottles, conformably to law. 

And this license shall commence at noon on the 

day of and continue until midniyht on the 

day of next ensuing. 

Given under my hand this day of one 

thousand eight hundred and 



-, Chief iTiapedor. 



-, Mayor or Warden^ 



108 49 Vic. CHAPTER 3. 1886 

THE SECOND SCHEDULE. 
To the Council of the License District of - 



We, the undersigned ratepayers of polling district 

number ^ of the wherein are situate the 

premises in respect of which X. Y., is applying for a 

license for the ensuing license year, do hereby certify that 
X. Y., the applicant for the said license, is a fit and 

f)roper person to be licensed to sell liijuors and to keep a 
icensed shop, hotel, or &s the case may be ; and that the 
premises in which the said X. Y. proposes to carry on the 
business for which he seeks a license are, in our opinion, 
suitable therefor, and that the same are situate in a place 
where the cariying on of the said business will not be an 
annoyance to the public generally. 

And we have hereunto appended our names, and the 
distance approximately, at which we respectively reside, or 
own property, from the said premises for which the license 
is sought. 

Signatures : 

! Distance of premises respec- 
tively from premises, sought 
to be licensed. 



THE THIRD SCHEDULE. 

FORM OR BOND BY APPLICANT FOR A HOTEL, WHOLESALE 
OR SHOP LICENSE. 

Know all men by these presents, that we, T. U., of 
V. W.. of . and X. Y., of , are 



held and firmly bound unto the (coi^porate naxne of district) 
in the sum of eight hundred dollars of good and lawful 
money of Canada, that is to say the said T. U., in the sum 
of five hundred dollars, the said V. W., in the sum of one 
hundred and fifty dollars, and the .said X. Y., in the sum 
of one hundred and fifty dollars of like good and lawful 
money, for payment of which well and truly to be made, 
we bind ourselves and each of us, our heirs, executors, and 
administrators, firmly by these presents. 

Whereas the above bounden T. U., is about to obtain a 
license to keep an hotel (or shop for the sale of liquors, or 
sell by wholesale, as the case may be) in the of 



1886. CHAPTER 3. 49 Vic. 109 



the condition of this obligation is such that if the 

mid T. U., pays all fines and penalties which he may be 
condemned to pay for any offence against any statute or 
other provision having the force of law, now or hereafter 
to be in force relative to any hotel (or shop or wholesale 
premises for the sale of liquor, as the case may be), and 
does, performs and observes all the requirements thereof, 
and conforms to all rules and regulations that are or may 
be established by competent authority in such behalf, then 
this obligation shall be null and void, otherwise it shall 
remain in full force, virtue and effect. 

In witness whereof, we have signed these presents with 

our hands, and sealed them with our seals, this 

day of , A. D. one thousand eight hundred and ^ 



T. U.. (L. s.) 
V. W., (L. 8.) 
X. Y., (L. 8.) 

Signed, sealed and delivered in the presence of 



THE FOURTH SCHEDULE. 

FORMS FOR DESCRIBING OFFENCES. 

1. Neglecting to keep the license exposed : 

That X. Y., having a license for sale by wholesale (or a 

shop, or an hotel license), on — — at , unlawfully 

and willfully, (or negligently), omitted to expose the said 
license in his warehouse (or shop) or in the office of his 
hotel (as the case may be). 

2. Neglecting to exhibit notice of license : 

That X. Y., being the keeper of an hotel or shop in 
respect of which a license has dulj' issued and is in force 

on at unlawfully failed to exhibit over 

the door of such hotel (or premises or shop) in large letters 
the words " Licensed to sell spirituous or fermented liquors," 
as required by the Liquor License Act 18^6. 

3. Sale without license : 

That X. Y., on the day in the year 

of our Lord one thousand eight hundred and at 

in the of unlawfully did sell 

liquor without the license therefor by law required. 



110 49 Via CHAPTER 3. 1886. 

4. Keeping liquor ivithowt liceTise : 

That X. Y., on at unlawfully did 

keep liquor for the purpose of sale, barter and traffic therein, 
without the license therefor by law required. 

5. Selling liquor in an hotel to prohibited persona .* 



That X. Y., having an hotel license, on the- 



day of ^ — in the year of our Lord one thousand 

eight hundred and did unlawfully sell liquor to a 

person other than a bona fide guest or lodjjer in the hotel 
m respect of which he is licensed, or as the case may be. 

6. Sdle of liquor on licensed premises during pro^ 
hibited hovbrs : 

That X. Y., on at in his premises (or 

on or out of, or from his premises) being a place where 
liquor may be sold, unlawfully did sell (or dispose of) liquor 
during the time prohibited by "The Liquor License Act 
1886," for the Sjile of the same, without any requisition for 
medical purposes as required by the said Act, being pro- 
duced by the vendee or his agent. 

7. Allowing liquor to be drunk on licensed premises 
during prohibited hours : 

That X. Y., on at— ^ — —in his premises, 

being a place where liquor may be (or is) sold, by retail 
(or wholesale) unlawfully did allow (or permit) liquor to be 
drunk in such place during the time prohibited by " The 
Liquor License Act, 1.S86," for the sale of the same by a 
person other than the licensee or some member of his 
family, or a lodger in his house. 

8. Saleof less than one pint under shop license : 

That X. Y., having a shop license, on ■ ■ — at 
-unlawfully did sell liquor in less quantity than one 



pint. 



9. Sale under loholesale license in less than wholesale 
quantities: 

That X. Y., haviAg a license to sell by wholesale, on 

at -unlawfully did sell liquor in less 

quantity than an octave, (or more than one dozen reputed 
qua it bottles.) 



1886. CHAPTER 3. 49 Vic. Ill 

10. Allowing liquor to be covaumed in shop : 

That X. Y., having a shop license on — — — at 

unlawfully did allow liquor sold bj' him, (or in his 

possession), and for the sale of which a license is required, 
to be consumed within his shop, (or within the building of 
which his shop forms part, or within a building which 
communicates by an entrance with his shop), by a purchaser 
of such liquor ^or by a person not usually within the build- 
ing of which such shop forms a part.) 

11. Allowing liquor to be consumed onjpreniises under 
whdemle license : 

That X. Y., having a license to sell liquor by wholesale, 

on at -^— unlawfully did allow liquor sold 

by him (or in his possession for sale), and for the sale of 
which such license is required, to be consumed within his 
warehouse, (or shop, or within a building which forms part 
of, or is appurtenant to, or which communicates by an 
entrance with) a warehouse or shop, or premises wherein 
an article to be sold (or disposed of) under such license, is 
«old by retail, (or wherein there is kept a broken package 
of an article for sale under such license.) 

12. Illegal sale by druggists : 
That X. Y., being a chemist (or druggist), on- 



at . did unlawfully sell liquor for other than 

strictly medicinal purposes (or sell liquor in packages of 
more than six ounces atone time without a certificate from 
any registered medical practitioner, or to sell liquor without 
recording the same,) as required by " The Liquor License 
Act, Ib^ii." 

13. Keeping a disorderly house: 

That X. Y., being a keeper of an hotel situate in the city 

(or town, or village, or township) of-?— in the county 

of — on in his said hotel unlawfully did 

sanction (or allow) gambling or riotous or disorderly conduct 
in his said hotel or house. 

14. Harboring constables on duty : 

That X. Y., being licensed to sell liquor at ■ ■ — on 
■ unlawfully and knowingly did harbour or entertain 

" or suffer to abide and remain on his premises." O. P., a 
constable belonging to a police force, during a part of the 
time appointed for his being on duty, and not for the 
purpose of quelling a disturbance or restoring order or 
executing his duty. 



7' 



112 49 Vic. CHAPTER 3. 18S6- 

15. Compromising or compounding a prosecution : 

That X. Y., having violated a provision of " The Liquor 

License Act, 1886," on at unlawfully did 

compromise (or compound or settle) the offence with A. B., 
with the view of preventing any complaint being made in 
respect thereof, (or with a view of getting rid of, or of 
stopping, or of having the complaint made in respect thereof 
dismissed, as the case may be.) 

16. Beivg concerned in compromising a prosecution : 

That X. Y., on at unlawfully was 

concerned in (or a party to) a compromise (or a composition 
or a settlement) of an offence committed by 0. P., against 
a provision of " The Liquor License Act, 18^i6." 

17. Tampering with a witness : 

That X. Y., on a certain prosecution under " The Liquor 

License Act, 18«6," on at unlawfully 

did tamper with O. P., a witness in such prosecution before 
i^or after) he was summoned (or appeared) as such witness 
on a trial (or proceeding) under the said Act (or unlawfully 
did induce or attempt to induce O. P., a witness in such 
prosecution to absent himself or to swear falsely,) 

18. Refusing to admit Policeman : 

That X. Y., on ( at ) being in (or 

having charge of) the premises of 0. P., being a place where 
liquor is sold (or reputed to be sold) unlawfully did refuse 
or fail to admit (or did obstruct or attempt to obj«truct) K 
F., an officer demanding to enter in the execution of his 
duty, or did obstruct or attempt to obstruct E. F., an officer 
making searches in the said premises and in the premises 
connected wuth such place. 

19. Oficer refusing to prosecute; 

That X, Y., being a police officer (or constable, or 

Inspector of Licenses) in and for the Township of , 

in the County of , knowing that O. r. had on 

at , committed an offence against a provision 

of " The Liquor License Act, 1886," unlawfully and wilfully 
did, and still does, neglect to prosecute the said 0. P. for 
his said offence. 



18ML CHAPTER 3. 49 Via 113 

20. Befuwng <yr failing to supply lodging, meaU or 
accommodaiion to travelers : 

That F. H., being the keeper of an hotel in respect of 
which an hotel license has duly issued, and is in force on 

at unlawfully failed or refused personally 

(or through some one acting on his behalf) to supply lodg- 
ing, meals or accommodation to a traveller as required by 
" The Liquor License Act, 1886." 

21. Selling liquor to any one under twenty-one years 
of age: 

That X. Y. on unlawfully did sanction, 

or allow to be supplied in his licensed premises, by purchase, 
or otherwise, liquor to a minor. 

22. A llowing internal communication between licensed 
and unlicensed premises : 

ThatX.Y. on unlawfully did sanction, 

or allow to be made or used, an internal communication 
between his licensed and unlicensed premises, which are 
used for -; . 

23. Obtaining liquor by false representations : 

That X. Y. on unlawfully did, by 

falsely representing himself to be a guest, boarder or lodger, 

buy or obtain, or attempt to buy or obtain, at 

liquor contrary to the provisions of " The 

Liquor License Act, 1886." 

GXNERAL FORM OF INFORMATION. 

Nova Scotia, 



Scotia, ^ 
mi. ) 



To wit 

The information of A. B. of the of in the 

of license inspector (or as the case may be) laid 

before me, C. D. police magistrate, (or as the case may be) 

in and for the city of (or one of Her Majesty's 

Justices of the Peace, in and for the of ,) 

Ac day of in the year of our Lord one 

thousand eight hundred and who saith that he is 

informed and believes that X. Y. on the day of 

in the year of our Lord one thousand eight hun- 
dred and at the in the of • 

8 



114 49 Vic. CHAPTER S. 1886. 

tinlawf ully did sell liquor without tbe license tberefor by 
law required, (or as the case may be) 

Laid and signed before me the day and year ^ A. B. 
and at the place first above mentioned 
CD., 

P. M., or J. P. 



THE FIFTH SCHEDULE. 

FORM OF INFORMATION FOR SECOND, THIRD OB FOURTH 

OFFENCE. 

Nova Scotia, ' 

of 

To wit, 

of 

The information of A. B., of, &c., license 
inspector (or as the case may be) laid before me, C. D., 

police magistrate in and for the of or 

one of Her Majesty's Justices of the Peace in and for the 

of the day of in 

the year of our Lord one thousand eight hundred and 

■ ■ . Who saith he is informed and believes 

that X. Y. on at (describe the offence) 

. And further, that the said X. Y. was previously 

to wit : on the day , A. D., 18 , at the 

city of ■ — before C. D,, police magistrate in and for 

the city of ' — (or at the of — — - — in the 

of before R F. and G. H. two of Her 



Majesty's Justices of the Peace for the of 

duly convicted of having on the — day of 

18 at the of in the — > of 

unlawfully sold liquor without the license there- 
for required by law, (or as the case may be.) 

And further, that the said X. Y. was previously, to wit, 

on the day of A. D. 18— — ,at the— — 

of in the of before &c, (as in 

preceding paragraph) again duly convicted of having on 

the day of A.D. 18 ,at the of 

on the ■■ ■ — of — having a shop license 

unlawfully allowed liquor to be consumed within a build-' 
ing which communicates by an entrance with his shop, by 
a person not usually resident within the building of which 
such shop forms a part, (or as the case may be«) 



N 



1886. 



OHAPTER 3, 



49 Via 



Amd farther, that the said X. Y., Was previously, to wit, 

an the day of A.D,, 1 S at the 

of in the of before, (&c., see 

above) again duly cenvicted of having en the day 

•f A. D., 18 at the of in the 



of- 



' (being in charge of the premises of 
0. P., a place where liquor was reputed to be sold) unlawfully 
failed to adniit E. ¥., an t^cer demanding to enter in the 
txecution of his duty (or as^he^ase may be.) 

And the iffformant says the ofTenee hereinbefore first 
charged against the said X. Y., is his fourth offence (or as 
the case may be) against ** The Liquor License Act, 1886." 



Laid and signed before me the day and year, 
and at ii^ place first abeve mentioned. 

<3. D..J. P. 



} 



A.R 



115 



THE SIXTH SCHEDULE. 



SUMMONS TO WITNESS. 



Xjf \ 
To wit:) 



To 



.t)f the 



of 



-in 



the 



of 



Whereas information has been laid before me, C. D., 
^ne of Her M aje9t3''s Justices of the Peace in and for the 

of — ' (or police magistrate for the city of 

), that X. Y., being a druggist, on the of 

A. D., 18 ^ at the of in the 

of , unlawfully did sell liquor for other 

than strictly ^nedicinal purposes, (or as the case may be/) 
and it has been made 4;o i^pear to me that you are likely 
to give material evidence on behalf of the prosecution in 
this matter >: 

These-are to require you, under pain of imprisonment in 

the comtnon gaol, personally to be -and appear on 

the . day of A. D., 188 , at ten o'clock 

in the forenoon, at the in the of 

before me er such justices of the peace as may then be 
there, to testify w^at you shall know in the premises 
^and also to bring with you, and there and then to produce, 
all and every invoices, day books, cash books, or ledgers, 
and receipts, promissory notes or other security relating to 
the purchase or sale of liquor by the said X. Y., and all 
books and papers, accounts, deeds -and other documents in 



116 49 Viol CHAPTEK 3. MSft. 

your possession, custody, or control, relating to any matter- 
connected with the said prosecution. 

Given under my hand and seal this day of 

. A.D., 188' , at the of , ia 



the of 

G.D., 

, J, P, [L. 8.}t 



THE SEVENTH SCHEDULE. 

FORM OF CONVICTION FOR THIRI> OFFENCE. 

If ova Scotia/ 

of 

To wit 



i Scotia,^ 

°^ r 

5 wit } 



Be it remembered that on the diay of - 



in the year of our Lord, one thousand eight hundred and 

, in the of • ,iB the ^X. Y.^ 

is convicted before the undersigned C. D., police magis- 
trate in and for the city of , in the said ^ 

(or C. D., and R F., two of Her Majesty's Justices of the 

Peace in and for the said ), for that be, the said 

X. Y^ on the day of in the year of our 

Lord, one thousand eight hundred and ,^at the city 

of ^, (or of ) in the said -^-^— — - 

(as the ease may be) having violated a provision of " The* 
Liquor license Act, 1886," unlawfully did attempt to settle 
the offence with A. B., with the view of having the com- 
plaint made in respect thereof dismissed, or as the case may 
be. And it appearing to me (or us) that the said X. Y., was- 

previously, to wit : on the day of , A. D.^ 

188 , at the of before, &g-, duly 

convicted of having on the day of , A D.^ 

188 ,at the of ,unlawfully sold liquor 

without the license therefor by law required, as the case 
may be. And it also, appearing to me (or us) that the said 

X. Y. was previously, to wit : o» the day of — 

A. D. 188 , at the of , before, &c. (see 

above), again duly convicted of having on the day 

of , A. D., 188 . at the of 

(being the keeper of a hotel situate in the said of 

), unlawfully allowed gambling in his said hotel 

(or as the case may be). 

I [or we], adjudged the offence of the said X. Y., here* 
inbefore firstly mentioned, to be his third ofieoce against 



N 



isas. 



CHAPTER 3. 



49 Vic. 



117 



^ The Liqnor License Act, 1886," and I (or we) adjudged 
ihe said JL T., for his third offence to forfeit and pay the 

■sum of to be paid and applied according to law, 

and also to pay to A. B the sum of for his costs 

in this behalf, and also that the said X. Y. be imprisoned in 

ihe common gaol ctf the said of at 

in the said of there to be kept at hard 



labor for the space ef 
^ease may beJ^ 



- ^caltendar months (or as the 



Given imder my hand and seal ^(or <mr 'hands and seals) 

the day and year first above naentioned at in the 

«f . 



«r. 



CD- 
CD- 
E. F- 



L. 6. 
L. S. 
L. S. 



THE EIGHTH SCHEDULE 



WAB&ANT OF GOUMrTMENT FOR TlflST OPFEKCE WHEIEU: A 
PENALTY IS IMPOSED. 

No va Scotia, { 

of 

To wit^ 

To all or any </f 6he constables and ether 

peace officers in the of and to the 

keeper of the commoa gaol of the said — '• at 

in the of • 



1 



of 



in the 



Whereas X Y^ late of the 

«iid was on this day convicted before the under- 
signed, C D., police magistrate in and for the city of 

^,^or C. D, and E. F., two of Her Magesty^s Justices of 

the Peace in and for the of or 

•of as the case may be) for tiiat he, the said X. Y., on 

at unlawfully did sell liquor without the 

license therefor by law required ^state offence as in the 
conviction^ A. B. being the informant, and it was thereby 
adjudged that the said X. Y^ for his said offence, should 

forfeit and pay the sum of (as in the conviction) 

and ahovld pay to the said A. B., the sura of for 

his costs in that behall 

And it was thereby further adjudged that if the said 
several sums should not be paid forthwith, the said X. Y. 

^oald be imprisoned in the common gaol of the said 

at in the said of there to 

te kept At hard labor for the space of oinless the 



118 49 Vic. CHAPTER 3: I88«. 

said several sums and the costs and' charges of conveying^ 
the said X. Y., to the said eommon gaoF shouM he sooner 
paid. 

And whereas the said X. Y., has not paid the said 
several-sums, or any part thereof, although the time for 
payment thereof has elapsed; 

If a distress warrant issued and was returned no goodsr^ 
or not saflScient goods, say, " And whereas, afterwards on 

the d*ay of A. D., 18—, I, the said Police- 

ITagrstrate, (or we, the said justices), issued a warrant to- 
the said constables or peace officers, or any of them-, to levy 

the said several sums of and by distress^ 

and' safe of the goods and chattels of the said X. Y. 

"And whereas it appears to me, (or us), as welT by the- 
retum of the said warrant of distress by the constable who- 
had the execution of the same or otherwise, that the saicl 
Qonstable has made diligent search for the goed» and 
chattels of the said X. Y^. but that no sufficient distress 
whereon to levy the said sums could be found 

These are therefore to command you, the said constables 

* or peace officers, or any one of you,, to take the said X. Y.^ 

and him safely convey to the common gaol aforesaid at 

in the of and there deliver 

him to the safd keeper thereof, t<^ther with this precept*. 

And I, (or we)i do hereby command you, the said keeper 
of the said common gaol, to receive the said X. Y., into 

Jour custody in the said common gaoly there to imprison 
im and keep him for the space of — unless the 

said several sums and all the costs and charges of the said 
distress amounting to the sivm of and of the com- 
mitment and conveying of the said X. Y. to the said common 

gaol, amounting to the further sum of - — shall be 

sooner paid unto you, the said keeper, and for so doing this, 
shall be yoiur sufficient warvant. 

Given under my hand and seal ^or our hands and seals)' 

this day of A. D^ 18 — -, at ^ 

in the said 

CD , (J^^s.) 

or C. D , (L. s.) 

ELF ,(i-s.> 



18ML CHAPTER 3. 49 Via 119 

WABBANT OF GOHMITMEiNT FOR SECOND (OB THIRD) OFFENCE 
WHERE PUNISHMENT IS BT IMPRISONMENT ONLY. 

Nova Scotia, ^ 

of \ 

To wit 1 ) 

To all and any of the constables and other 

peace officers in the of , and to the 

keeper of the common gaol of the said at — ^ 

in the — : of . 

Whereas, X. T., late of the ■ of in the 

said was on this day convicted before the under- 
signed C. D , &c., or C. D. and E. F., &c.» as in preceding 

form (for that he the said X. Y. on at , 

(state offence with previous convictions as set forth in the 
conviction for the second or third offence, or as the case 
may be, and then proceed thus) : " And it was thereby 
adjudged that the offence of the said X. Y., hereinbefore 
firsUy mentioned, was his second (or third) offence against 
'^The Liquor License Act, 1886 "(A B. being the informant.) 
And it was thereby further adjudged that the said X. Y. 
for his said second (or third ) offence should be imprisoned 

in the common gaol of the said of at 

in the said of and there 

be kept at hard labor for the space of calendar 

SQonths. 

These are therefore to command you, the said constables 
or any one of you, to take the said X. Y., and him safely 

convey to the said common gaol at aforesaid, and 

there deliver him to the keeper thereof, with this precept. 
And I (or we) do hereby command you, the said keeper of 
the said common gaol, to receive the said X. Y. into your 
custody in the said common gaol, there to imprison him 

and to keep him at hard labor for the space of » 

calendar months. 

Given under my hand and seal (or our hands and seals) 

this day of , A. D., 18 -, at , 

in the said of . 

a D , (l. s.) 

or C. D , (l. s.) 

E. F . (L. s.) 



120 49 Vic. CHAPTER 3. 1886. 



THE NINTH SCHEDULE. 

FORM OF DECLARATION OF FORFEITURE AND OF ORDER TO 
DESTROY LIQUOR SEIZED. 

If in conviction, after adjudging penalty or imprison- 
ment, proceed thus : 

"And I (or we) declare the said liquor and vessels in 
which the same is kept, to wit: two barrels containing 
beer, three Jars containing whiskey, two bottles containing 
gin, four ' xega containing lager beer, and five bottles 
containing native wine (or as the case may be), to be 
forfeited to Her Majesty, and I Tor we) do hereby order 

and direct that T. D., License Inspector of the of 

, (or J. P. W., License Inspector of the 

of the of ), do forthwith destroy the 

said liquor and vessels. 

Given under my hand and seal the day and year first 
above mentioned, at, &c 

If by separate or mbaequefai order: 
Nova Scotia,' 



k Scotia,") 
wit: J 



To wit: 

We, E. F., and G. H., two of Her Majesty's Justices of 

the Peace for the of (or C. D., Police 

Magistrate of the City of ), having on the 

day of one thousand eight hundred and , 

at the of in the said County, duly 

convicted X. T., of having unlawfully kept liquor for sale 
without license, do hereby declare the said liquor and 
vessels in which the same is kept, to wit : (describe the 
same as above), to be forfeited to Her Majesty, and we '(or 
I) do hereby order and direct that J. P. W., Licenstf 

Inspector of the of the said forthwith 

destroy the said liquor and vessels." 

Given under our (or my) hands and seals, this 

day of , at the of in the said 



K F ,(L.s.) 

Or, G. H ,(L. s) 

C. D , (L. s.) 



1886. CHAPTER 4. 49 Via 121 

CHAPTER 4. 
An Act to amend the Liquor License Act, 1886. 

(PMaed th« 11th day of Ibqr, A. D. U86.) 

Skhos. I Sbctiok. 

1. Application for Ucensefl. 8. Oertifloates, by whom ilgned. 

1 lane of tioeoaes authorind. 1 

Be it enacted by the Governor, Council, and Assembly, 
as follows : — 

1. Notwithstanding anything in the Act hereby j^w^j2J«on '<>' 
amended, an application for license under the provisions of 

the said Act may be made at any time previous to the first 
day of March, A. D., 1887, to the Council of any district, 
for a hotel, shop or wholesale license, and upon such applica- 
tion being made, accompanied by the certificate provided 
for in the said Act, a license may be granted for the 
unexpired portion of the licence year, that is to say until 
the fifteenth day of March, A. D. 1887. 

2. Wherever previous to the passing of the Act hereby i«tieof uoenMs 
amended, a petition has been duly filed in compliance with *^''^**'**®^* 
the statutes heretofore in force, the same proceedings may 

be taken upon such petition as if the same wtsre a petition 
duly made under the provisions of the said Act accom- 
panied by the certificate provided for in the said Act, and 
the license to be granted shall be of such class as the 
cooncil shall determine, and shall be conformable to the 
provisions of the Act hereby amended. 

3. In any incorporated town which is divided into certificates by 
wardK, the certificate provided for in the said Act shall be '^ ^™ ^ 
signed by two-thirds of the ratepayers of the ward in 

which the premises sought to be licensed are situate. 



122 



49 Vic. 



CHAPTER 6. 



1886. 



CHAPTER 5. 



An Act respecting Public Charities. 



the 11th dfty of M»y, A. D. 1880.) 



SacnoK. 

1. Abolition of Board on 80th June. 

2. Liabilities of Board , by inrhom assumed. 
8. Powers of Comr. of Worlcs and Mines, 
i. Hospital for insane, in whom vested. 

6. Deolaration aa to title, &o. 

0. Oovernor-In-Council to make rules. 

7. Hospital and poors' aaylum vested in 

city. 

8. Rifffate of coro'n. to pass to city. 

0. Indebtedness of city as regards poors' 
aaylum. 

10. City's claims to be arbitrated. 

11. Other claims to be included in 

reference. 

12. Appointment of arbitrators, dco. 
IS. City to have abaolute control, &o. 



Smtion. 

li. City of Halifax to be a poor district. 

15. City ma/ borrow to finish poor house. 

16. Sum to form part of consolidated debt. 

17. Visiton of hospital and poor houae 

18. Books and accounts open to Inspection. 

19. Com'rs maj enter into ageement, ftc 

20. Appointment of inspectors of hoapital, 

21. Acts of Comr's. of Charities confimied. 

22. Proviso as reirarda provincial and city 

hospital. 
28. City may assess for proportion of 
expenses. 

24. Appointment of Board of Visitor*. 

25. Inconsistent law repealed. 
Schedule of deecriptlona. 



Be it enacted by the Governor, Council, and Assembly, 
as follows : 

Abolition of !• The Board of Commissioners of Public Charities 

****^**"''""«^ established under the provisions of chapter 33, Revised 
Statutes, 5th series, shall be abolished on the 30th day of 
June, 1886, and thereupon all the powers, rights and duties 
possessed by or imposed on the said commissioners in 
respect of the Nova Scotia hospital for the insane, under 
the said chapter or under any other law of the province, 
shall be possessed by and imposed on the Commissioner of 
Public Works and Mines for the time being. 



Liabilities of 
Board, by whom 
•eiumed. 



2. Subject to the exceptions hereinafter mentioned as 
respects the liabilities in connection with the completion of 
the new poors' asylum, all the liabilities of the Com- 
missioners of Public Charities shall on the 30th da}^ of 
June be assumed by Her Majesty the Queen, her heirs and 
successors, represented in this behalf by the Commissioner 
of Public Works and Mines, and al! the sums due to the 
said Commissioners of Public Charities shall at the said 
date vest in Her Majesty the Queen, her heirs and suc- 
cessors so represented. 

^ uSol ^^'(rf^"'* ^' "^^^ Commissioner of Public Works and Mines shall 
Works"* Mines, have all the powers now possessed by the Commissioners of 
Public Charities with respect to the bringing and maintain- 
ing of any actions or suits, and he shall have all the powers 
now posbessed by the Commissioners of Public Charities 
generally, so far as the same may be necessary or useful in 
winding up the affairs of the said Commissioners of Public 
Charities. 



185& CHAPTER fi. 49 Vic. 123 

All snits, proceedings, contracts anfl offieiml mcta^ 
brought, entered into, or done, by the Commissioner of 
Public Works and Mines, shall be brought, entered into or 
done, in and by bis name of office, and may be continued, 
enforced and completed by his successor in office as fully 
and effectually as by himself. 

All suits for the recovery of debts or balances due to 
Her Majesty or to the vJommissioners of Public Charities in 
respect to the Nova Scotia hospital for the insane, whether 
they appear by bond or obligation given for the support 
and maintenance of patients in such Nova Scotia hospital 
for the insane, and whether said bonds have been given to 
the Commissioners of the Nova Scotia hospital for the 
insane, to the chairman of the Board of Works, to the 
Commissioner of Public Works and Mines, or to the Com- 
missioners of Public Charities, or otherwise, may be 
instituted in the name of the Commissioner of Public 
Works and Mines. 

4. The Nova Scotia hospital for the insane, at 
Dartmouth, and all the real and personal property *"^ 2S?^*ii 'JTiim 
a<»ets of the Commissioners of Public Charities, in respect ^st«d. 
of or in connection with the said provincial hospital for 
the insane, shall on the 1st day of July, 1886, vest in Her 
Majesty the Queen, her heirs and successors, represented in 
this behalf by the Commissioner of Public Works and 
Mines. 

6. To remove doubts as to the title or otherwise, and 
for greater certainty, but not so as to restrict the generality DwUr^ionaaia 
of the foregoing section, it is hereby declared and enacted ^ 
that the lands mentioned in the schedule to this Act were 
undei chapter 16 of the Acts of 1878. entitled, " An Act to 
establish a Board of Commissioners of Public Charities," 
duly vested in the said Commissioners of Public Charities, 
and that the Commissioners of Public Charities had a good, 
sure, perfect and indefeasible estate of inheritance in fee 
simple in the said lands, both at law and in equity, freed 
and absolutely discharged of and from all claims whatso^ 
ever, and that the said lands on the Ist day of July, 1886> 
shall vest in Her Majesty, her heirs and successors, 
represented in this behalf by the Commissioner of Public 
Works and Mines, in fee simple, and the deeds and pro- 
ceedings mentioned in ||kl schedule, by means of which 
said lands were acquiiW or transferred, are hereby con- 
firmed and made valid. Nothing herein contained shall 
prejadice the rights of the parties in the suit of Kearney 
against Creelman, decided in the Supreme Court of Nova 



124 49 Vic. CHAPTER 5. 1886. 

Scotia and in the Supreme Court of Canada, in case of an 
appeal to the judicial committee of Her Majesty's Privy 
Council. 

Governor-iB. 6. The Govemor-in-Council may make such rules and 

ruiea. *** °**^* regulations as may be deemed necessary for the proper 
management of the Nova Scotia hospital for the insane. 

Hcwpiui and 7. The provincial and city hospital, the poors* asylum, 
verted in^<Siy! and all the lands and buildings connected therewith, situate 
on the south common in the city of Halifax, now vested in 
the Commissioners of Public Charities, and all debentures, 
bonds, legacies and property of the said commissioners in 
respect of or connected with the said provincial and city 
hospital and poors' asylum, shall on the Ist day of July, 
1886, vest in the corporation of the city of Halifax, and the 
city of Halifax shall assume all liabilities on account of the 
construction of the new poors' asylum in excess of the fifty 
thousand dollars mentioned in the ninth section of this 
Act. 

RijjhtBof Com- 8. The leasehold or other rights of the Commissioner^ 
i^^tcT'dty. of Public Charities in the premises owned by the govern- 
ment of the Dominion and temporarily used as a poors 
asylum, shall pass to the city of Halifax on the 1st day of 
July, 1886, and the city of Halifax shall assume the 
management and control of such temporary poors' asylum 
until the new poors' asylum is ready for occupation. 

indebtednen of 9. In the Settlement of accounts between the province 
pSr^iS^m! of Nova Scotia and the city of Halifax, as respects the 
poors' asylum, the city shall be held to be indebted to the 
province in the sum of thirty -three thousand three hundred 
and thirty-three dollars, being the province's portion of the 
fifty thousand dollars received by the Commissioners of 
Public Charities as insurance on the poors' asylum lately 
destroyed by fire, and since expended or pledged for in the 
construction of the new poors' asylum, and also in such 
sum, if any, as may by the arbitrators herein referred to, be 
found due by the city to the province on account of the 
land connected with such poors' asylum, or of improvements 
of such lands, or of materials of the old poors' asylum, or of 
any other claim of the province in relation to the poors' 
asylum, and such sums, subject to any deduction that may 
be made by arbitrators under the^^provisions of the tentn 
section of this Act, shall be paid by the city to the 
province. 

csty'B ciaiin»to 10. Whercas the city of Halifax has preferred certain 
u arutated. ^Jj^Jq^q ggainst the province of Nova Scotia in connection 



188R CHAPTER 6. 49 Via 125 

with the grounds, site and erection of the provincial and city 
hospital and poors' asylum, it is hereby enacted that such 
claims shall be referred to arbitrators to be appointed in 
the manner provided in the twelfth section of this Act, 
and such sum, if any, as may be found justly due to the city 
shall be allowed to the city, and provided that the sunf so 
allowed shall not in any case exceed the sums due by the 
city to the province, under the provisions of the ninth 
section of this Act. 



11. And whereas the Commisaioners of Public Charities other claim to 

be indadc 
reference. 



claim that the city of Halifax is indebted to them in the^ ^^'^•^ ^ 



BQm of $23,491.95 for maintenance of provincial and city 
hospital and poors' asylum, to March 31st, 1886, and in 
other sums since accrued, and part of such claim is disputed 
by the city, it is hereby declared and enacted that such 
claim up to the 30th day of June, 1886, with any claim of 
interest in connection therewith, shall be included in the 
reference to arbitration, and nothing in this Act shall be 
held to prevent an award to the province of any sum that 
may be found justly due by the city of Halifax on account 
of such claim. 

12. The Qovemor-in-Council shall, on or before the Appointment of 
Istday of August next, appoint one arbitrator, and cause ^ ****"' ***' 
a written notice of his appointment to be given to the 
mayor of the city of Halifax. The city council of Halifax 
shall, within one month from the date of such notice, 
appoint the second arbitrator, and cause a written notice of 
his appointment to be given to the provincial secretary. 
The two arbitrators so chosen shall appoint a third arbitrator 
as umpire. In the event of the failure of the two arbitrators 
to agree upon the umpire within twenty days from the 
appointment of the second arbitrator, the chief justice of 
the Supreme Court of Nova Scotia shall on the application 
of either party, appoint such umpire. The award of said 
arbitrators, or of any two of them, when filed in the office 
of the provincial secretary and city clerk of Halifax, shall 
be final and conclusive. The arbitrators shall be sworn 
before a commissioner of the Supreme Court to the faithful 
performance of their duty ; they shall have power to call 
witnesses before them by subpoena under their hands, and 
to examine witnesses upon oath, which they are hereby 
empowered to administer, and witnesses neglecting to 
attend shall be liable to the penalties to which witnesses 
are subject who neglect to attend after due notice before a 
judge or commissioner for taking evidence de bene esse, and 
such disobedience shall be punishable by a judge of the 



126 49 Vic. CHAPTER 5. 1886. 

Supreme Court, on the certificate of the arbitrators of the 
noD'^attendance of the witness. 

SioiSe^r ^^' ^" *"^ ^^^^^ ^^^ ^^^ ^^y ^' '^'y* ^®^^* ^^® ^^^/ 

troit«tow^* council of Halifax shall) subject to the provisions of this 
Aof and all other laws of the province^ have the absolute 
control and management of the provincial and city hospital 
and poors* asylum, and shall have power to make by-laws 
for tne management and care thereof, and to affix penalties 
for the breach of the same by fine or imprisonment, or both> 
provided that no fine shall exceed in amount one hundred 
dollars, and no term of imprisonment shall exceed ninety 
days ; but such by-laws shall have no force or effect until 
approved by the Gk)vernor-in-CounciL 

cityof Hi^iita 14 The city of Halifax shall be a poor district within 

DiBtrict.^ ^' the meaning of chapter 35, of the Revised Statutes, fifth 

series, " Of the settlement and support of the poor/' and the 

city council shall have all the powers of overseers of the 

poor under said statute or any other statute of the province, 

S^nK^Proir ^^' ^® ^'^y ^^ Halifax may borrow all sums necessary 
HouM. to finish the poors' asylum now in course of construction, 

and to pay any sum that may be found due to the province 

under the provisions of thid Act 

6nir to form 16. The said sums when so borrowed shall form a part 

wudii^^bt of the consolidated fund of the city of Halifax, and the city 
shall have power to issue debentures in the usual manner 
for the repayment of the same with interest, and shall have 
power to include in the general assessment from year to 
year> in addition to the sums now provided for by law, the 
amount necessary to meet the annual interest upon such 
debentures and all sums necessary to maintain the provincial 
and city hospital and poors' asylum. 

viiitowoi Hob. 17. The Lieutenant-Governor and the members of the 
6'ouae^ *~' Executive Council of the province shall be visitors of the 
provincial and city hospital and poors' asylum. 

Books Mid M> 18w The books and accounts of the provincial and city 
1!?^^^!° ^ hospital and poors' asylum shall at all times be open to the 

inspection of any officer appointed by the Governor-in 

Council to examine them. 

oonitiiiMioiMn 19. The Commissioner of Public Works and Mines is 

■3rro«ae«Vete. hcrebj authorized to enter into any agreement or agree-^ 

ments from time to time with the council of any city, town, 

or municipality, for the support of provincial paupers in any 



1886. CHAPTER 6. 49 Via 127 

poor hoQsei established or maintained by such city^ town or 
lounicipality, on such terms and conditions as may be 
deemed best, and to enter into an agreement with the city 
eouDcii of Halifax, for the support of provincial patients in 
the provincial and city hospital, and any sum due to any 
city, town, or municipality, under the provisions of such 
agreements, shall be paid from the provincial treasury out 
of the moneys voted by the legislature for the provincial 
and city hospital, and for the support of the poor. 

20. The Governor-in-Council may from time to time App>*n*°i««* 
appomtany person or persons to inspect and report upon of Hospitals, eto. 
any hospital, poors' asylum, county poor house, county 

asylum for the insane, or county jail, and such inspector or 
inspectors, when so acting, shall have free access to all such 
buildings or places at all reasonable times, and it shall be 
the duty of the keepers or chief officers of such buildings 
or places to afford to such inspector all desired information 
respecting the condition of such buildings or places, and the 
treatment of the inmates thereof. 

21. All the acts heretofore done or performed by theActiof commi*. 
eommissioners of public charities in the exercise of the ti«s wi^nnod/ 
powers, rights and duties of overseers of the poor are 

hereby declared legal and valid. 

22. Notwithstanding anything contained in the fore-^ Proviw m n- 
going sections the Governor-in-Council and the city council SS^'ciS^ Hot? 
of Halifax may, through any officers duly authorized for^**^ 

the purpose, at any time prior to the first day of July, 1886, 
enter into an agreement to provide for the acceptance by 
the province of the control and management of the 
provincial and city hospital, and if such agreement be 
ina.de the said provincial and city hospital, and all the 
lands, buildings, debentures, bonds, legacies, and property 
connected therewith, shall, on the first day of July, vest in 
Her Majesty the Queen, her heirs and successors, represented 
in this behalf by the Commissioner of Public Works and 
Mines, and in such case the Governor-in-Council and the 
said commissioner shall have all the powers as respects the 
control and management of said provincial and city 
hospital that are by this Act or any other law conferred 
upon them as respects the Nova Scotia hospital for the 
inssane, and the provisions of the seventh section of this Act 
as respects the provincial and city hospital, shall in such 
case have no force or effect. 

23. In the event of the agreement mentionec? in the City may asMas 
foregoing section being entered into, the city of Halifax wpSSS"^^"**' 



128 49 Vic. CHAPTER 5. 1886. 

shall have power to include in the general assessment of 
each year, and collect in addition to any sum now allowed 
by law to be assessed, such sums of money as may from 
year to year be necessary to pay its proper proportion of 
the expenses in connection with the management and 
maintenance of the said provincial and city hospital. 

Appointment of 24. The Governor-in-Council may appoint a hoard of 
***" visitors for the humane institutions, under government 
control, or for each of such institutions. Such board of 
visitors may be composed of five or more persons, and two 
or more women may form part of such board ; the members 
of such board shall hold office until the first day of July 
next after their appointment and may be reappointed, and 
they shall at all reasonable times have free access to all 
parts of the institution over which they are appointed, and 
it shall be the duty of every official connected with such 
institution to afford the members of the board full 
information concerning the condition and management of 
the institution, and any reports made by such board shall 
be filed in the office of the Commissioner of Public Works 
and Mines. Nothing herein contained shall be held to 
affect the rights of visitors of the Nova Scotia hospital for 
the insane, under the provisions of section 17, chapter 8, 
Revised Statutes, or the rights of visitors to the provincial 
and city hospital and poor's asylum, under section 17 of this 
Act. 

incoKtistent law 25. So much 6f the existiniT law as is inconsistent with 



repealed. 



this Act is hereby repealed. 



SCHEDULE. 

Schedule of 1. All that southern portion or moiety of all those lota 

ew pioiui ^j land^ brick yards and premises situate at Dartmouth, 

aforesaid, formerly in the occupation of Mary McMinn, and 

described as follows : 

Beginning at a stake on the eastern shore of Halifax 
harbor, at high water mark, on the northern boundary of 
land formerly the property of Henry Y. Mott, Esquire ; from 
thence to run easterly on said boundary eighty-four 
chains, or until it comes to the west side line of land 
formerly granted to James Creighton, Esquire ; thence 
northerly on said line ten chains; thence westerly and 
parallel to Henry Y. Mott's northern side line until it comes 
to the west side of the road leading to Cow Bay ; thence 
southerly by said road one chain, eighty-five links, more or 



1886. CHAPTER 5. 49 Vic. 129 

lens, or until it comes to the centre of tbe road leading to 
said Mary McMinn's dwelling house ; thence westerly in a 
straight line passing through a point distant thirty feet 
from tbe south east angle of Mrs. McMinn's house eighteen 
chains and three rods, more or less, to the shore at high 
watermark; thence on the same line three hundred feet 
into the harbor of Halifax ; thence southerly until it strikes 
the prolongation westerly of Henry Y. Mott s north side 
line into the harbor of Halifax ; thence on said line easterly 
three hundred feet to the place of beginning, containing 
eighty-iive acres more or less, being the land described in 
the deeil of the twentieth of July, 1853, made between 
Mary HcMinn and the commissioners of the lunatic asylum, 
and regi((tered in the Registry of Deeds office at Halifax, 
in book 103, pages 307, 308 and 309, and being part and 
parcel of the land described in the deed of the thirty-first 
of December, 1842, and registered in the Registry of Deeds 
office at Halifax, in book 95, pages 229, 230, 231, and 
made between James W. Nutting, Master in Chancery, and 
the said Mary McMinn, the same having been sold by the 
said Master to the said Mary McMinn and vested in her, 
under proceedings in a suit of McMinn vs. Eean and others. 

Ending at said date in the Court of Chancery, and also 
ing part and parcel of the lands formerly of Andrew 
McMinn, deceased. 

2. Also all that lot, piece or parcel of land adjoining 
tbe land hereinbefore referred to, and l}ing to the westward 
of tbe Eastern Passage road in Dartmouth, aforesaid, 
formerly in the possession of one Henry Y. Mott, deceased, 
and c escribed as follows : That is to say, beginning at a 
point on said road at the boundary line between the said 
ReDry Y. Mott, and the said property hereinbefore referred 
to, thence running south four degrees east along said road 
three hundred feet, thence south seventy-three degrees 
thirty-five minute? west eleven hundred and thirty feet 
or until it reaches the water of the harbor of Halifax, 
thence north sixty degrees east twelve hundred and twenty- 
one feet more or less, to the place of beginning, containing 
three acres, three rods and five perches, the same having 
been expropriated by the Commissioner of Public Works 
and Mines, under chapter 86 of the Revised Statutes, fourth 
series, by proceedings taken under said Act for that 
purpose in the Supreme Court of Nova Scotia, and which 
said land is delineated on the plan annexed to the petition 
on file in said proceedings in the said Court. 

3. Also all that lot, piece or parcel of land situate at 

9 



130 40 Vic. CHAPTER S. 1886. 

Dartmouth aforesaid, formerly in the occupation of the said 
Mary McMinn, and being part and paice) of the land 
described in the said deed, made by the said James W, 
Nutting, Master in Chancery, to the said Mary McMinn^ 
and comprising three acres and three tenths of an acre, the 
same having been expropriated by the Commissioner of 
Public Works and Mines, under chapter thirty-six of the 
Revised Statutes, fourth series, by certain proceedings taken 
under said Act for that purpose in the Supreme Court of 
Nova Scotia, the said lot being described as follows ; 
Beginning on the western side of rood leading from 
Dartmouth to Eastern Passage, on the northern Tine of the 
lunatic asylum property, thence south seventy-two degrees 
and ten minutes west six hundred and sixty-seven feet ; 
thence north twenty-two degrees east two hundred feet ; 
thence north fifty-nine degrees and thhrty minutes east, 
six hundred and ninety-five feet to the road, thence southerly 
by western side of road, three hundred and thirty-three 
feet to the place of beginning. 

4. Also all that lot, piece or parcel of land, and land 
covered with water, situate in Dartmouth aforesaid, and 
commonly called Maynard's lake, formerly owned by James 
O. A. Creighton and Robert R. Fretwell, the same baring 
been expropiiated for the use of the hospital for the insane, 
under the authority of an Act passed on the fifteenth day 
of April, in the year of our Lord, one thousand eight 
hundred and fifty-nine, and conveyed by the said James Q. 
A. Creighton and Sarah L. Creighton, his wife, and the said 
Robert R. Fretwell and Sarah Fretwell, his wife, to the 
Honorable Adam George Archil)ald, Her Majesty's Attorney 
General for the province of Nova Scotia, and the Honorable 
John H. Anderson, Receiver General of the said province, 
as trustees, and the said trustees did by indenture dated the 
first day of May, A. D. 1862, convey to Hugh Munro, Esq., 
Chief Commissioner of the Board of Works for the said 
province, the said land and lands covered with water and 
described ** All that certain lot of land covered with water, 
situate at Dartmouth, aforesaid, commonly called Maynard's 
lake, being the whole of the land covered with water to the 
edge of the water at the line to which the water extends 
all around the lake where the waters of the said lake are 
dammed back by the erection of a dam three feet above the 
original flow, or natural outlet, at the south end thereof, and 
also a certain other strip or belt of land, all around the 
land last described, extending from the margin of the water 
so raised as aforesaid a width of forty feet around the first 
described land, subject to the rights of the public in a public 



l«8& 



GHAPTER «. 



49 Vic. 



131 



faigbwajr, known as the Cole Harbor road, over a portion 
thereof. And also ail that certain piece or parcel, or lots 
of land eiLteoding from the Cole Harbor road, aforesaid, to 
the pipe house, now erected on the border of said lake, and 
being in widtb thirty-three feet from the eastern wall or 
^andary of the said James G. A. Creighton's property. 



CHAPTER «. 

An Act to amend Chapter 3 of the Revised Statutes, 
Fif til Series, " Of the composition, powers, and privi- 
leges of the Houses." 

(PtMNd tlM 11th day of May, A. D., 1886.) 



1 Seolioii 11 rapwled awl Mdtloa nib- 

•dtated. 
1 SeotioDlS 



-S. Not to apply to Provincial OoTern- 

ment, m. 
4. Inoomlitaiit law repealed. 



Be it enacted \iy the Hovemor, Council, and Assembly, 
as follows^ — 

1. Section eleven of chapter three of the Revised Sec. ii repeaies 
Statutes, Fifth Series, is hereby repealed, and the following StLtS*''" •"** 
shall be substituted in said chapter for said section eleven, 
and shall stand in lieu thereof : 

No person shall be capable of being appointed to, or of 
sittingor voting in, the Legislative Council of this Province, 
or of ^og elected to, or of sitting or voting in, the House 
of Asseaobly, who shaU, at the time of -such appointment to 
the Lej^islative Council, or at the time of his being 
nominated a candidate at such election, hold under the 
<3ovemment of this PiK}vince) or of the Dominion of Canada, 
any one of the following offices, that is to say-: 

Judge of the Supreme or County "Courts; 
Judge of the Court of Vice- Admiralty ; 
Judge of Probate, -or Registrar of Probate ; 
Postmaster, or Deputy Postmaster ; 
Deputy Surveyor of Crown Lands ; 
Registrar of Deeds ^ 
Prothonotary^ 
Clerk of the County Court ; 

Medical Su{)erintendeDt of the Nova Scetia Hospital (or 
the Insane^ 

Supervisor of Great Roads ; 

Any persoB accepting or holding any office, commission 
or employment in the service of the Dominion of Canada at 
the nomination of the Crown, or of the Qovernor-Oenerak 



132 49 Vic. CHAPTER 7. 1886: 

or of the Governtnent of the Dominion of Canada, to which 
any salary or any fee, allowance or emolument in lieu of any 
telary from the Crown or from the Dominion of Canada, i» 
attached ;^ 

Any person acting for or on behalf of the Dominion* 
Oovemment, or of any departmental officer thereof, in tha 
capacity of agent, suboFdinate, or official representative. 

Sec. 15 repealed. 2. Scction fifteen of said chapter three is hereby 
repealed. 

Not to ^vp^y*o 3. Nothing in this Act, nor in sections 12^ 13 and 14^ 
fmmriSfUc. ^'of said chapter 8, as hereby amended, shall be held to apply 
to or in any manner ailect any departmental ofllicer in the 
Provincial Government, or officers of Militia or MilitiameUr 
persons employed in taking the census, or any person acting 
m the capacity of Queen's Counsel, Justice of the Peace, or 
Notary Public, or to any member of the Provincial Govern- 
ment in receipt of allowance under the provisions of 
sections 43, 44, 45, 46 and 47 of chapter 13 Revised Statutes^ 

tooonvftteni \mr 4. Any enactment inconsistent with this Act is hereby 



Mpealed, 



repealed. 



CHAPTER 7. 

An Act respecting Corrupt Practices at Elections 
of Members to the House of Assembly. 

(PflBMd ihe Ilth 6^ 9t ifi^, Ar V., WU.) 
SscnoK r. ^-Sheriff to poet certain teetfoii*. 

Be it enacted by the Governor, Council, and Assembly,, 
as follows : — ^ . 

Sheriff to poet 1. The Sheriff of each County of the Province at the 
oertRin lectione. ^.^^ ^j ^y^^ posting of the noticc mentioned in section 
twenty-seven of chapter 4 of the Revised Statutes, shall 
also cause to be posted in writing or by printed hand-bills^ 
iu some of the most public places within every polling 
district in the County for which representatives are to be 
elected, the following sections of chapter 5 Revised Statutes,, 
namely, sections 48, 51, 64, 65, 66 and 67, to which there 
shall be affixed the following heading, that is to say : 
Prevention of Corrupt Practices. 
Revised Statutes, Chapter 5, sections 48, 51, 64, 65, 
66 and 67. 



1886. CHAPTERS 8—9. 4D Vic 138 



CHAPTER 8. 

An Act to amend Chapter 4, Revised Sfcatutea, '' Of the 
election of memiiers of the House of Assembly.*' 

<PMMd tiMlKli day of Hay. ▲. B., 1986^ 
Sbctiom 8.— Chapter 4 AiatBdad. 

Be it enacted bj the Governor, Covncil, aad Assembly, 
«8 follows : — 

1. Section 8 <f( chapter 4, Revised Statutes, is hereby see. s ciwp. « 
aroendoH by striking out the word " retarning" in the*^"?*^* 
fourth line of said section, aad iaserting the word " revising" 
in lieu thereof. 



CHAPTER 9. 

An Act to Amend Chapter 7 of the Revised Statutes, 
*' Of Mines and Minerals.'* 

(FkMeAthellftkdftyofHay, A.D. U86.) 
SMtMM t.— Ceitiiio feotioiM edded to S««lioa loa 

Be it enacted by the Qovernor, Council, and Assembly, 
as follows : — 

h The following sections shall be added to section 105 ^^St^^ %^?°* 

#.1 • 1 /HI ^ added to Sectio» 

OX the said Chapter: — va. 

(/) Whenever it shall be shown to the satisfaction of 
the Grovemor>in-Council that effective and not colorable 
mining operations have been performed on areas covered by 
any outstanding lease, the Comuiissioner of Public Works 
and Mines may grant a renewal of such lease, notwithstand- 
ing that the lessee or lessees is or are not at the time 
actually working €toch areas, and may renew any outstand- 
ing lease or leases, notwithstanding any clause ia the chapter 
to the contrary, where some of the areas have not been 
worked aa if such areas were being worked, when it can be 
ahown that the moneys expended in working some of the 
areas of said leases if expended in all the areas would have 
•entitled them to renewal 

(g) Whenever it shall be shown to the satisfaction of 
the Govemor-in-Couacil that the holder or holders of any 
lease of mining area or areas have bona fide expended money 
in tbedeveloxmient of said areas, and that there is xeasonahie 



*84 4» Yic. CHAPTER lOi 1886. 

prospects of active operations being commenced^ within a 
short time, the Commissioner of Public Works and Minea 
may renew said lease for a period not exceeding five years, 
notwithstanding that said lessee or lessees is or are not at 
the time actually working such areas, provided that ail the 
rights of forfeiture shall be appKeable at all times to such- 
renewed leases as fully as if toe terms of the leases were 
twenty years. 

(A) Subject to the approval of tfee Oovemor-m-Council, 
the Commissioner of Public Works and Mines may renew 
any lease, noiwithstanding that the full sum due for 
royalties shall not have been paid, if the holder of sucb 
lease shall produee evidence satisfactory to the Governor^ 
in-Council, that such non-payment is due to the depression 
in the trade or other exceptional circumstances, and that 
there is reasonable prospect of payment being made if aa 
extension of time be allowed. 

(i) The evidence to be furnished to the Governor-in-. 
Council iinder subsections (f), (g), (&), shall be verified by 
declaration or declarations in accordance with the provisiona 
of the Act of the Parliament of Canada ''For the suppressioa 
of voluntary and extrajudicial oaths/' 



CHAPTER 1ft 

An Act to amend Chapter 8, Kevised Statutes, 
« Of the Regulation of Mines,'' 

(Paned tb^ Utii d«j of lUy, A. D.» 18801) 

Sionoir. I SKmoR. 

1. Seotfon 48 Mn«|idedl | 2. 8ectioii2,Ch»ptor«^Aol[Ll885.r«pwde<t. 

Be it enacted by the Governor, Council, and Assembly ,^ 
as follows ; — 

saotion 40 1. Section 40 of said chapter is hereby amended br 

amended. - - - -^ • - "^ "^ 



substituting " 1890 "for " 1885 *' therein. 
seo. 2 chap. 6, ^- Scction 2 of Chapter 6 of thiS Acts of 188&is kerebv 

Acta W -* - - "^ 

yealod^ 



Acta 1886^ '^repealed 



1886. CHAPTERS 11—11 49 Vic. 185 



CHAPTER 11. 

An Act to amend Chapter 20, of the Revised Statutes* 
"Of Jails and other County Buildings" 

{Paned the Uiiidiy of May, A. D., Ism.) 
SitnoH L—CbAiiter SO, Mnaadad. 

Be it enaeted bv the Qoveroor, Council, and Assembly, 
as follows : — 

1. Section 1 of said chapter 20, of the Revised Statutes, f^^^^^- ^ 
i« amended by inserting between the words "be** and 
^erected '* in the second line thereof the word " established.*' 



CHAPTER 12. 

An Act to amend Chapter 29, of the Revised Statutes, " Of 
Public Instruction/' and certain other enactments. 

(PMwd the Uib a«y of May. ▲. D., 1888.) 

aKiios. Sbciiov. 

Preamble. 8. Not to affect exiatiof auiti. 

L fU^Mi of ineorporated tovna now 
imiMired. 

Whereas, doubts have arisen in reference to the liability Preamble, 
of incorporated towns to contribute to the support of schools 
outside of the limits of such towns; 

A lid whereas, exemptions are claimed by certain of such 
towns from any lial ility for assessment for the support of 
schools outside of the limits of the town or of the school 
section of which such town forms a part; 

And whereas, such doubts have arisen in consequence of 
ainendments made in the Revised Statutes, fifth series, and 
the exemptions claimed as aforesaid are the subject of 
litigation now pending in the courts; 

And wh^ea^, it is desirable to remove any doubts as to 
the effect of such amendments without prejudicing the claims 
or rights of any of the parties to the litigation so pending 
as aforesaid; 

Be it therefore enacted and declared by the Governor, 
Council, and Assembly, as follows : — 

I. The liability and rights of all or any incorporated Rights of incor. 
towns, or the inhabitants thereof, to contribute to and JJ^ topaiJel"' 
participate in the fund to be raiised for school purposes in 



136 49 Vic. CHAPTER 13. 1886. 

the manner provided in chapter 29, of the Revised Statutes, 
sections 43 and 44, are not in any way impaired by anything 
in the said chapter, or in chapter 56 or chapter 58, or any 
other provisions of the Revised Statutes, but such rights 
and liabilities, and the mode of ascertaining the amount to 
be raised for such purposes, and the number and proportion 
of inhabitants upon which the said amount shall be 
calculated, and all remedies and processes for the levying and 
assessment and collection of the same, and all methods of 
distributing and disposing of the amounts collected, shall be 
and continue the same as they were on the day previous to 
the promulgation of the Revised Statutes, fifth series. 

^J^JSu^ **■ 2. Nothing in this Act contained shall be held to apply 
to any existing suit. 



CHAPTER 13. 

An Act to amend Chapter 29, Revised Statutes, 
" Of Public Instruction." 

* (Paned the 11th dAy of May. A. D.. 1886.) 
SBcnoR l.--L4Abtlity for Sectional Aowaement. 

Be it enacted by the Governor, Council, and Assembly, 
as follows : — 

Notwithstanding any thing contained in section 45 of 
chapter 29 Revised Statutes, 5th series, — of " Public 
Instruction," or in any other part of said Act. 



neiii. 



Liahihtyforaeo- 1* All the real and personal property according to the 
tiooai MM^ municipal rate roll, situated within the boundaries of each 
of the following school sections, to wit " Wentworth, No. 
2," "Poplar Grove. No. 16," and " Ellershouse, No. 38." 
all in the district of West Hants, and "Urbania, No. 27," in 
the district of East HantH, shall be liable for sectional 
assessment for the support of the school or schools of the 
section in which it is situated, without regard to the place 
where the owners of such property may reside, and such 
property shall not be liable to sectional assessment for the 
support of the school or schools of any other section than 
that in which it is situated. 



1886. CHAPTER 14. 49 ViC. 137 



CHAPTER 14, 

An Act to amend Chapter 29, Revised Statutes, 
" Of Public Instruction." 

(PkMed the 11th d«y of May. A. D., 1886.) 

SKtiov. I Swmoir. 

1. Seetioa 59, Chapter S9. amended. 8. Sabaeotion 4, Section 81, aroendod. 

1 Bedfofd pffoperty liable to aMMHDent | 4. Section 45 amended. 

Be it enacted by the Governor, Council, and Assembly, 
as follows : — 

1. Section 59 of chapter 29 of the Revised Statutes, issec w. chap. » 
hereby amended by adding to such section at the end"""***** 
thereof the words following : — 

"And the proviiiions of this section and of the two 
preceeding sections, shall apply also, in case of the 
insolvency of any such corporation, company, association or 
firm, to property in the hands of or held by the assignee or 
assignees of such corporation, company, association or firm." 

2. Notwithstanding any thing contained in sections Bedford pro- 
45 and 105 or any other part of chapter 29 Revised j::2JiSSt *^ 
Statutes, 5th series, of public instruction — 

(1 ) All the real and personal property situated within 
the Bedford school section, No. 37, district of West Halifax, 
as rated in the county municipal rate roll, shall be liable to 
a&sessment for the support of the school or schools of said 
section without regard to the place where the owner or 
owners of such property may reside, nor shall such property 
be liable to sectional assessment for the support of the 
schools of any other .section, provided however, that 
summer residences owned and occupied as such by parties 
having their domicile in the city of Halifax shall be 
taxed at their present valuation, according to the current 
mte of taxation in the city of Halifax, for school purposes. 

(2.) All property owned by the residents of Bedford 
school section, but situated outside of the boundary of said 
section and within the limits of the county of Halifax, 
shall be liable to sectional assessment only for the support 
of the school or schools of the section within which it is 
situated. 

3. Sub-section 4 of section 31 of chapter 29 of the8ub-iec.4 8eo.3i 
ReviKcd Statutes, is hereby amended by striking out the ""•"****• 
word "five" in line seven of said sub-section, and substituting 

the word '' twelve" in place thereof. 



138 49 Vic. CHAPTERS 15—16. 1886. 

s«*ton 46 4, Section forty-five of said chapter is hereby 

amended by Btrikin^r out the words " resided in said section 
for the period of six months next previous to/' in lines 
seventeen and eighteen of said section, and substituting in 
place thereof the words '' residing in such section at the 
time of." 

CHAPTER 15. 

An Act to amend Chapter 29, Section 35, Revised 
Statutes, " Of Public Instruction." 

(PasMd the 11th day of May, A. D., 1886.) 
SBonoH 1.— Section 86, C!hftpter, 88 uawded. 

Be it enacted by the Governor, Council and Assembly, 
as follows : — 

Sec. 86 chap. 89 1. Sectiou 35 of chapter 2D of the Rwi'^el Statutes is 
Mnended. hereby amended by striking out and omittinor the words 
" during the year following the date of such judgment." 

CHAPTER 16. 

An Act respecting the Western Counties 
Railway Company. 

(PMsed the 11th d«y of Msy, A. D., 1880.) 



Sbctiox. 

Preemhle. 

1. Definition of tenns. 

2. Agreement confirmed. 



Sktion. 
8. ProTinclal Secrettry empowered to 

8eU,ftc. 
4. Provlnoial Seoretaiy may exeoate 

deeds. 
6. Proviao u to purchaser. 

Preamble. Whereos, By an agreement made the sixteenth day of 

August, A. D., 1879, between Her Majesty the Queen, 
represented in that l»ehalf by the Honourable Samuel 
Creelman, Commissioner of Public Works and Mines for 
the Province of Nova Scotia, and the Western Counties 
Railway Company, it was provided that in the event of 
the interest on the debenture stock of the said company^ 
guaranteed by the Government of Nova Scotia as therein 
mentioned, or the interest to the municipalities of Digby 
and Annapolis payable by the said corapanv as therein 
mentioned, being unpaid by the said company for six 
months after the same should become due, the said govern- 
ment might sell all or any part of the securities therein 
mentioned, and deposited with the Provincial Secretary^ 



1886. CHAPTER 16. 49 Vio. 189 

and in its possemion or under its control, and deal in such 
▼ay with the proceeds thereof as would best protect the 
government and said counties from any future demands in 
respect thereof, either by the redemption of the debenture 
stock or otherwise, and mi(^ht also sell the Western Division 
of the said We«tern Counties Railway Company's railway 
without foreclosure^ and in such manner and after Auch 
notice as to said government should seem most convenient; 
Av d where(ts/rhe fiAid comptiwy stipulated and agfreed 
that the ri^ht of the Government of Nova Scotia so to deal 
with the said Western Division of said railway should be 
protected and secured in any instrument or conveyance 
which it mitrht execute or authorize in respect of said rail- 
way or debenture stock or other charges thereon, or bv such 
legislation as might be necessary to carry outandeffr-ctuate 
the said ai^reement; 

Avd whep-eaa. The interest on the said debenture stock 
80 guaranteed has not been paid by the said company in 
aceoi dance with the terms of the said agreement, and in 
consequence thereof a large amount has been paid by the 
government, and it is necessary to carry out and effectuate 
said agt cement; 

Thereforf, be it enacted by the Governor, Council, and 
Asaenibly of Nova Scotia, as follows :--* 

1. In this Act the expression "Company,'* means the DeAnition ot 

Western Counties Railway Company. The expression**™^ 

"securities," means and includes the £40,00() sterling of 

debenture stock on the Western Division, which, under 

8aid agreement, was depof^ited with the Provincial Secretary, 

and in the possession of the Government of Nova Scotia, 

an collateral security for the said guarantee, and also the 

XllO.fKK) sterling of the debenture stock of the Eastern 

Divinion of said railway deposited with the Provincial 

Secretary, as collateral security for the said guarantee, and 

for other moneys to be paid by the said company under the 

said agreement. The expression " Western Division," means 

and includes the railway from Annapolis to Yarmouth and 

appurtenances thereto belonging, that is to say, the lands, 

station grounds, service grounds, ballast pits, sidings, 

bridges, stations and other buildings, shops, tools, 

machinery, plant, rails, ties, wharves, docks, piers» engines, 

carh and vehicles of every description and all and every 

kind and description of property, whether embraced in the 

above enumeration or not, in the possession of the company 

at the time of the parsing of chapter 64 of the Acts of 

1879 or the date of said agreement, and which were sub« 

gequently acquired* 



140 49 Vic. CHAPTER 16. 1886. 

AgrMmnt ooa. 2. The 8ud agreement is hereby confirmed. 



flnn6d. 



ProvinoiAi8eci«> 3. The Provincial Secretary of Nova Scotia may make 
to MiT'i^^^'^ sale and absolutely dispose of, either together or in separate 
parcels, at one time or at separate times, and either by 
public auction or sale, or by private contract, at his diacre- 
tion, and at or for such sums of money as he shall judge 
sufficient, the securities and also the Western Division, and 
at any such sale or sales may buy the same or any part 
thereof, and re-sell the same, and may convey and assure all 
and singular the securities and the Western Division to the 
person or persons purchasing the same, or the appointees or 
assigns of such purchaser or purchasers, freed and absolutely 
discharged of and from all equity and right of redemption 
whatsoever, of, from, or by the said Western Counties 
Railway Company, or any person lawfully or rightfully 
claiming from or under it. 

provUioW8«cre. 4. The Provincial Secretary may sign, seal and execute 
cute deed. all neccssarv deeds, transfers or conveyances of the securities 
and the Western Division, and such deeds, transfers or 
conveyances shall absolutely vest in the purchaser or 
purchasers, or the assigns of such purchaser or purchasers, 
the securities and the Western Division respectively, and 
shall constitute a full, perfect and absolute title thereto. 

Pro^» M to 5. If the person who purchases the Western Division 

'*" '' does not at the time of such purchase possess the necessary 

franchises, powers and privileges to operate the Western 

Division, such person may, until such franchises, powers and 

Erivileges are obtained, operate the Western Division as if 
e possessed the franchises, powers and privileges given to 
the Western Counties Railway* Company by the Acts of the 
Legislature of the Province of Nova Scotia relating to the 
said company. 



188& CHAPTER 17. 49 Vio. 141 



CHAPTER 17. 

An Act to amend Chapter 40 of the Acts of 1873, entitled, 
''An Act to Incorporate the ISictaux and 
Atlantic Railway Company/' and the Acts in 
aiitendment thereof. 

(pMHd tlie Uth d»7 of M&y, A. D., IttS.) 

SacnoN. 

4. Company's ri^ta not ftffected 
6. Extenaion of time MiUioriMd. 
e. ProvinioM of Chapter 22 to apply. 



1. Name of Company changed. 
1 CoDtncta not to be alTecMd. 
1 Averment of Identity of Company. 



7. Inoonabtent law repealed. 

Be it enacted by the Governor, Council, and Assembly, 
as follows : — 

1. The name of said company, to wit: "The Nova Name of com< 
Scotia, NicUux and Atlantic Central Railway Company," ^•"y^**'"'*^' 
is hereby changed to the '' Nova Scotia Central Railway 
Company," and the said company shall hereafter be known 

and designated by that name, and no other. 

2. AH contracts and agreements to which the Nova contracts, etc.. 
Scotia, Nictaax and Atlantic Central Railway Company were nottoteaSarected 
or are by that name parties, shall be deemed and taken to 

he the contracts and agreements of the Nova Scotia Central 
Railway Company, and the company, by the name hereby 
given to it, may sue and be sued thereon, and may proceed 
and be proceeded against in respect thereof, as well as for 
or in respect of all contracts, choses in action, rights and 
liabilities, whether arising out of contract, or by reason of 
any negligence or tort, in the like manner as the Nova 
Seotia, Nictaux and Atlantic Central Railway Company 
might by that name have sued or proceeded for, or bf.en 
sued for or proceeded against, if this statute had not been 
passed. 

3. In any suit or proceedings by or against the com- Averment of 
pany to enforce, defend or have the benefit of any right or ****°***y ®' ^^• 
claim under or arising out of any contract, act, matter or 

thing, heretofore made, done, happened or omitted to be done, 
by the Nova Scotia, Nictaux and Atlantic Central Railway 
Company, or by any of the parties thereto, it shall as 
respects the identity of the company be sufficient to allege 
that the Nova Scotia Central Railway Company and the 
Nova Scotia, Nictaux and Atlantic Central Railway Com- 
pany are one and the same company, and not another or 
different company, and such averment in any pleading or 



142 49 Via CHAPTfiR 18. 1886« 

suggestion in any suit or proceeding shall be deemed and 
taken to be conclusive evidence of the truth of such 
allegation or averment. 

Company's 4. Nothing in the foregoing sections contained shall in 

3£^"^ ftny manner or to any extent, alter, vary^ prejudice, lessen 
or affect the rights or reniedies of the company^ in any 
respect) nor the rights or remedies of any person or coni<» 
pany having any claim or claims against the company, nor 
any of the rights, powers or franchises of the said company. 

tottenrfoo rf^ 5. The Oovftrnor-in-Council may by Order in Council 
'extend the contract, as modified by any statute or Order in 
Council now in force, referred to in section 2 of chapter 22 
of the Acts of 1882, entitled, *' An Act to amend the Acts 
relating to the Nova Scotia, Nictaux and Atlantic Central 
Railway Company," and the time for the completion of the 
work provided to be done thereunder^ until the fifteenth 
day of June, 1887, provided the company on or before the 
fourteenth day of June, A. D., 188G, shall have satisfied the 
GoVernor«-in-Council that they have vigorously resumed 
operations, and are bona fide prosecuting the work of 
construction* 

Provitiont of 6. The provisions of section 9 of said chapter 22, as 

Spp^'** ^ amended by the various Acts referring thereto, shall apply 
to suph extended time, and the company shall, in respect to 
the matters and things mentioned in said section 9 as 
amended, have the benefit and advantage of whatever 
extension the Qovernor-in^Council may grant under the 
authority of the next prece:)ing section hereof. 

tnooitantent uw 7. All Acts and parts of Acts inconsistent herewith 
kvpcaied. ^j^ hereby repealed. 



CHAPTER 18. 

An Act to amend Chapter 24, Revised Statutes^ 
' Of Practitioners of Medicine and Surgery.^' 

(PuMd the 11th d«y of M«y, A. t>., 188^0 
SicmoK 1.— SeeUon 11, Chapter 24, ameiKiea. 

Be it enacted by the Governor, Council, and Asaemblyi 
as follows : 

secUohAp. 24 1« Section 11 of chajpter 24 of the Revised Statutes, 
abiended. gf^^ serics, is hereby atnended by striking out the last 
sentence thereof, that is to say» all the words after the 
word " determine,'^ in the eleventh litae of said section. 



1886. CHAPTERS 19—20. 49 Vic. 143 



CHAPTER 19. 

An Act to amend Chapter 32 Revised Statutes, 
'* Of the Education of the Blind." 

(PtMNd tlM llfh (Ujr of 1U7, A; D., 1880.) 

teno*. I Sfeortofr. 

L BttHkm ZtxA 7 mmwA^A. \ 2. PtovUom whan to apply. 

Be it enacted by the Governor, Council, and Assembly^ 
as follows : — 

1. Sections 3 and 7 of chapter 32 of the Revised sections s and 7 
Statutes, are hereby amended by striking out the word *"*°***'* 

** sixty/' wherever it occurs, and substituting the Words 
*• seventy-five/' 

2. The provisions of this Act shall apply to the school Pravisioiia,wiMii 
term ending on the 80th day of April, 1866. toappij. 



CHAPTER 20. 

An Act to amend Chapter 35 of the Revised Statutes, 
** Of the Settlement and Support of the Poor/' 

(PMwd the nth ditjr of May, A. D.. 1886.) 

BKfim. I SiKTioii. 

1. 8wtioa8aMpt«rS6MiMiHl«iL | 2. Ctaftptwr bow to bo ooDtinued. 

Be it enacted by the Governor, Council and Assembly, 
as follows : — 

1. Section 3 of chapter 35 of the Revised Statutes, SM).3dwp.3» 
"Of the Settlement and Support of the Poor," is hereby •°'*"**'**' 
amended by striking out the word "three," in the eighth 

line, and inserting in lieu thereof the word " five/' 

2. The said chapter shall be construed as if said chapter, bow t« 
amendment had been made at the time of the passing of^**"**™*^* 
said chapter, it being hereby declaimed and enacted that the 

flame was always the true intent and meaning thereof* 



144 



49 Vic. 



CHAPTERS 21—22. 



1886. 



CHAPTER 21. 

An Act to amend ChapU^r 39 of the Revised Statutes, 
*' Of the Encouragement of Agriculture." 

(Pawed the Uth day of May, A. D., 1880.) 
SicTioif l.~SectioD 18, Chapter 89, amended. 

Be it enacted by the Governor, Council, and Assembly, 
as follows : — 

»ee. ischap. 89 1. Scction 13 of chapter 39 of the Revised Statutes, 
amended. jg hereby amended by striking out the word " forty," in the 
second line and substituting therefor the words " twenty- 
iSve." Provided always that the amount required to be paid 
under said section shall in no case be less than forty 
dollars. 



CHAPTER 22. 

An Act to amend Chapter 42 Revised Statutes, " Of 
Commissioners of Sewers and of Dyked and Marsh 
Lands." 

(Pawed the llih day of May, A. D., 1886.) 



Seciiofi 3 
amended. 



Section 4 
amended. 



Brction. 

1. Section 8 amended. 

2. Section 4 amended. 
8. Section 20 amended. 

4. Appointment of Auditor. 



Sscnoir. 
6. Powen of majority in intereit 

6. Appointment of Appcaiien, to. 

7. Application of Act. 



Be it enacted by the Governor, Council, and Assembly, 
as follows : — 

1. Section 3 of said chapter is amended by striking 
out the words " two-thirds," in the first and tenth lines oi 
said section, and iniserting in lieu thereof in said lines the 
words " a majority." 

2. Section 4 is amended by striking out the word 
" two-third " in the sixteenth line of said section, and 
inserting in place thereof the words ''a majority," and by 
adding to the end of said section the words " but the com- 
missioner shall have power to build any new dyke or 
aboiteau which he may consider necessary to stop or 
repair a break in any dyke, although such new dyke or 
aboiteau is not built in the line or foundation of the old 
dyke so broken." 



1886. CHAPTER 22. 49 Vio. 145 

3. Section 20 of said chapter is amended by striking section 20 
ont the word " five" in the sixth line thereof, and inserting •"•"***• 
in place thereof the word " ten." 

4. A majority in interest of the proprietors of any Amxyintment of 
lands may appoint in writing under their hands, as often as ***'* 

they think necessary, one or more auditors to examine and 
report upon the books and accounts of any clerk or com- 
missioner, and such auditors shall have for such purpose 
access to all the books, papers and accounts of such clerk or 
commissioner. Such auditors shall be annually appointed by 
a majority of those present at a meeting of the proprietors 
called for that purpose, or at any general or special meet- 
ing of such proprietors duly called and held. 

5. A majority in interest of the proprietors of anypoven of m^ 
common field shall have power to reclaim any new marsh, J^t*^ *° ^^^ 
and to build any new breakwaters and aboiteaux, and to 

dyke out or overfiow any part of an old field, when the 
same shall be deemed necessary by the majority in interest 
of said proprietors of such common field. Such work shall 
not be undertaken or commenced until decided upon at a 
meeting of the proprietors of said common field for that 
purpose. 

6. When any work done or any structure erected by Appointment of 
the proprietors of any common field or structure, or any •'^™**'"' *^* 
commissioner thereof, shall improve or be of benefit to any 

other common field or structure, a majority in interest of 
said proprietors may, at a meeting to be called for that 
purpose, decide upon the value of the improvement or 
benefit so conferred or derived, and may by resolution 
declare the same, and may nominate and appoint an 
.appraiser to act with other appraisers hereinafter mentioned, 
to appraise the value of said benefit or improvement and 
the amount that should be paid therefor. 

(a.) The commissioner of said first named common 
field or structure, or should there be no such commiFsioner, 
then any three of the proprietors thereof, shall thereupon 
cause a notice in writing to be served upon the commissioner 
of the common field or structure deriving said benefit, or 
being so improved, requiring said last named commissioner 
to appoint an appraiser to join in appraising the value of 
said benefit and improvement, and the amount that should 
he paid for the same, and said notice shall contain the 
substance of the resolution passed, as aforesaid, at the 
proprietors' meeting, and if there shall be no commissioner 
of said last named common field or structure, then said 
10 



14C 49 Via CHAPTER 22, 1886. 

notice shall be served on a majority of the proprietors 
thereof^ Said last mentiooed corinnissioner, or in his absence 
a majority of the proprietors of said last mentioned common 
field or structure, shall thereupon nominate and appoint an 
appraiser, and the said two appraisers so appointed shall 
choose a third, and said three appraisers, being first duly 
sworn in writing before a justice of the peace to the 
faithful performance of their duties, shall forthwith proceed 
to the discharge of their duties, and shall enter upon the 
said common field so improved or benefited, and shall 
examine said common field or structure and appraise the 
value of the aforesaid benefit and iniprovement if any, and 
the said appraisers^ or any two of them, may make an 
award in writing under their hands, declaring the value 
and fixing the amount to be paid for the said improvement, 
or for the benefit and advantage so derived by the work 
done or structure erected by the proprietors of the common 
field herein first named, or declaring that no improvement 
has been effected by such work or structure and no benefit 
or advantage derived therefrom. The said appraisers shall be 
freeholders, and not interested in either of said common 
fields or structures, and they shall hand their award to the 
commissioner of the said common field or structure, in 
whose favor said award shall be made. 

(&.) The commissioner of said common field or structure 
against whom said award shall be made, shall thereupon 
cause the amount so appraised to be assessed, tosfetlier with 
the costs of appta^euitBt, upon the proprietors of said 
common field or structure against whom said award shall 
have been made and collected as other assessments, and 
shall pay the sum so collected to the commissioner of the 
said common field or structure in whose favor the award 
shall have been made, and said last mentioned commissioner « 
shall cause the sum so awarded to be paid out to the parties 
thereto entitled, being proprietors in the sai<l common field 
or structure in proportion to their respective interest 
therein. 

(c.) Should the commissioner or proprietor of any such 
common field or strnctur-e neglect or refuse to appoint an 
appraiser as hereinbefi>Fe provided, it shall and may be 
lawful for the commissioner or any pi*opr*ietor of said first 
herein mentioned common iveld or structure, to apply by 
petition to a jinige of the supreme court, praying for the 
appointment of such appraiser, which petition shall set 
forth the proceedings taken under the amendment to this 
chapter, and the negleetor refusal to appoint such appraiser; 
and said judge may thereupon appoiii4i a time and place for 



1886. CHAPTER 23. 49 Vic. 147 

the hearing of such petition, and shall direct a proper notice 
in writing to be served npon the commissioner so neglecting 
or refusing to appoint an appraiser, requiring him to attend 
at such time and place as the judge shall order, either 
personally or by attorney, which notice shall be served 
upon such commissioner at least ten d«iys before the time 
appointed for such hearing, and upon such hearing the 
judge may order such commissioner, or the proprietors of 
such common field or structure, to appoint such appraiser. 
Such notice in the absence of such commissioner, may be 
served upon the clerk of said common field or on any three 
proprietors thereof, and in case such commissioner, or clerk, 
er proprietors, do not attend or shall still neglect or refuse 
to appoint such appraiser, the Judge shall on proof of the 
^?tice of good notice, nominate one appraiser to act with 
the appraiser alread}^ appointed, and the two appraisers so 
^ppmnted shall nominate a third, and said three appraisers 
^hall forthwith proceed and appraise such improvement, 
t)enfiit or advantage, as hereinbefore provided, and shall 
retu^ such appraisement under their hands, or under the 
hands of any two of them, to a judge of said court, who may 
tonfirm the same, alter, modify or reject it, or ord<:r an 
appraisement de nove, and may direct that the amount so 
appraised shall be assessed and paid over as aforesaid, and 
shall diiect to whom, by whom, and in what manner the 
^osts of the said application and appraisement shall be paid, 
(rf.) Such appraisement, order, and all other proceed- 
ings shall be filed in the office of the prothonotary of the 
'supreme court for the county wherein the said common 
field or structure shall be situa^. 

7. This Act shall apply only to the county of King's, Appiicati«B of 
with the exception of the third and fourth clauses, which '^"^ 
«hall apply to the whole province. 

CHAPTER 23. 

An Act to afnend Chapter d6 of the Revised Statutes, 
^th Series, "Of County Incorporations." 

(PMwd tke Ittk aay of May, A. D., 1886^) 
SMnoH l.->-Sub-M0tion t2 of Section 90 Mpealed. 

Be it enacted by the Governor, Council, and Assembly^ 
«s follows : — 

1, Su bisection 22 of section 96 of said chapter, i8 8ub-Motion«<it 
thereby repealed, and the foHowing is substituted therefor i'^^^^'^p^*^ 

{ti.) For defining the gaol limits, not exceeding tb6 
Noiitii «r boundaries of tbe municipality. 



148 *9 Via CHAPTERS 24—25. I88ff, 



CHAPTER 24. 

An Aet ta amend Chapter 56 of the Rerfsed Statutes,. 
" Of County Incorparations."^ 

(PMMd* tb« nth dfty of Ukj, M. D. 186e.]f 



1. Ntw OtnnMy diilriot to ntom tw* 
Goundlloin. 



8icffoif. 
%r 8chedal»A, chapter M,uneBd«d. 



Be it enaeted by the Covernor^ Council, and Assembly^ 
as fallows :— 

New Gtoroiwj 1, The polling district of New Qerniany, number five^ 
turn twocoitt!^ in the municipality of Lunenburg, shall at and after the 
ciuon. QQ2t election of municipal councillors, return two eouncrllors. 

ft^Swdtd^**' ^' ^^ schedule A to said chapter, is hereby amended 
by inserting next below the words and figures ''Pollings 
District No. 3, Blockhouse 2/' the word and figures **Pollinjf 
District No. 6, New Germany, 2.*^ 

CHAPTER 25, 

An Act to amend Chapter 56 of the Revised Statutes, 
" Of County Incorporations.^ 

(Pawed the llth day of Uay, h, P. 18M.> 

Sfeonoif. I SicrroK. 

1. EUgiUIit^ttCoQiMilllor, | 2. Sckediilea»r«0»id»HMittCoineiMr«f. 

Be it enacted by the Gbvemor, Coitneil, and Assembly, 
as follows : — 

1. No person shall be elected a councillor who hold» 
the office of municipal clerk, municipal treasurer, or collector 
of rates of any kind, or who holder ofiEice under the Domin-* 
ion Government, and if any such person be nominated for 
the office of councillor his nomination shall be void^ unless 
before the expiration of the time for making such nomina- 
tion he resigns such office so held by him. Any councillor 
who shall accept any such office under any municipa) 
council shall thereb}' vacate his seat as such councillor, and 
his place shall be supplied in the same manner as if he had 
resigned his seat. If any person who holds any other office 
under any municipal Council shall be elected a councillor 
he shall, upon taking his oath of office and seat as councillor, 
ipeo facto vacate such office, and his place may be thereupon 
supplied by another person being appointed to such omcer 



CouncUlon. 



1886. CHAPTER 26. « Vic. 149 

No person vacating office by virtue of his talcing his oath 
<A oflSce and seat as a councillor, shall be liable to any 
penalty as for refusing or neglecting to serve in such office 
for the remainder of "ttie time for which be was appointed 
to such office. This section shall be read and construed as 
if the same had been enacted in the fifth series of the 
Revised Statutes. 

1 The schedule to said ehapter ^'6, so far as the same schedule, m re- 
wlates to Hants County, is hereby amended by striking outf^ij^^^* 
ihe irords Scotch Village, 2, and inserting in place thereof 
^Iie words:: 

Scotch Village.. 1 

Avondale ..^^.^ •••••1 

Burlington 1 

This section «hall be read and construed as if the same had 
been enacted in the fifth eeries of the Revised Statutes. 



CHAPTER 26. 

An Act to aviend Copter 57 of the Revised Statutes, 5th 
Series, " Of Controverted Elections of Municipal and 
Town Councillors, and of Corrupt Practices." 

<Pund the nth day &t May, A. B. 1886.) 
■Sacnov L— Obiter S7 B. S. Muended. 

Be it enaeted by the Governor^ Council, and Assembly, 
as follows : — 

1. Chapter -57 of the Revised Statutes, 5th series, cap. sr, r. s.» 
"of controverted elections of municipal and town coun- "'•°***** 
cillors, and of <;ornipt practices," is hereby amended as 
follows : " AH election petitions under this Act shall be 
tried within six months after the filing of the petition, or 
within three months after the passage of this Act, unless 
the court or a judge shall, upon cause shown, further extend 
the time for the trial thereof. And all petitions must be 
served within thirty days after the filing of the petition." 



150 «9 Vic. CHAPTER 27. I886i. 



CHAPTER 27. 

An Aefc to ftmend Chapter 58 of the Revfsed Statutes^ 
" Of Municipal Assessments.** 

fPMsed the lltb. di^ of M^, A. 9. 1808.> 



Sarnoir. 

1. Seotibn* added to cteptor. 

t. Section 72 «< chapter Mnendad. 



Samoir. 
a« Con8tii*)4e»fee8 oo exeoutitig tmnaiitL 
4k Kol toafloct peMflng •uitSk 



Be it enacted by the Oovevnor, Council and Assembly^ 
as follows : — 

scctioni. added 1. Chapter 58 of the Revised StatHtes, " Of munieipali 
to Chapter. assessments," is hereby amended by adding thereto the- 
following sections : — 

76. In order to make provision that incorporated cities 
and towns may pay a fair proportion of the general eounty 
lates, including the assessment authorized by section 2 of 
this chapter, and by all other enactments respecting: 
county or municipal rates, charges, or assessments, it is- 
declared and enacted that upon the completion and settle- 
ment of the amount of the annual assessment in each incor- 
porated city and town within the boundaries of any muni- 
cipality, the mayor, warden or other presiding officer of 
such city or town shall forthwith transnrat to the clerk of 
the municipality a statement in writing, shewing the 
amount of the valuation of property in such city or towD 
upon which, the annua) assessment is or is intended to bo 
based for the year in respect to which it has been made,, 
and the amount of such valuation shall be added to the roll 
or assessed valuation of all other property in the munici- 
pality, which shall, under the provisions of this Chapter,, 
be first made after the receipt of such statement, and such 
statement shall for all municipal purposes be equivalent to 
and shall be deemed to be the assesHment roll referred to 
in sections 8, 9, 10, 11, 12 and 13 of this chapter in respect 
to such city or town. 

77. The clerk of the municipality, having made out 
from such rolls and from the valuation of property con- 
tained therein and from the amount required to be assessed 
for county purposes, the county rat« for each city, town,, 
township or district, basing such rate at an equal rate per 
cent, upon the whole assessed valuation of the county, shall 
forthwith send to the mayor, warden or other presiding 
officer of such incorporated city and town within the 
municipality, a written statement of the t^mount apportioned 



1R8«. CHAPTER 27. 49 Vic. 

to be borne by 8«ch city or town, and such amount shall* 
subject to the provisions of section 101 of chapter 56 of the 
Revised Statutes, "of County Incorporations,** and of section 
78 of this Act, be assessed upon such city or town, and shall 
be collected and paid to the municipality by such city or 
town. 

78. InaAinuch as differences of opinion may arise 
hetween such city or town and the municipality in respect 
to the valuation of property within their several areas, and 
it may be necessary to adjust and proportion all assessable 
property in the county upon a fair and equal valuation, and 
al«io in respect to items of municipal expenditure in cases 
where the city or town derives no benefit therefrom, and 
which should equitably be assessed upon the inhabitants of 
the municipality alone, the council of each city, town and 
manicipality shall, at the usual meeting of such council at 
which its annual officers are appointed, appoint a committee 
of their number not exceeding five, to be called " the arbi- 
tration committee," and the council shall refer to such 
committee all questions in respect to the matters aforesaid, 
and such committees shall have power on behalf of their 
respective councils to adjust and determine any such 
difference or dispute, and in case of agreement the amount 
char^ahle against the city or town by the municipality 
shall be amended accordingly, but in case of disagreement 
such dispute shall be settled pursuant to the provisions 
of section 101 of chapter 66 of the Revised Statutes, "of 
County Incorporations." 

79. In the event of such dispute not being settled by 
agreement or arbitration, as in the last preceding section 
mentioned, within one month from the receipt of the state- 
ment of apportionment from the municipal clerk, as in the 
77th section prescribed, in that case the amount mentioned 
in such statement shall, for the purpose of assessment in 
such city or town, be deemed to be accurate and conclusive, 
and shall be added without any deduction to the next 
ensuing assessment of such city or town, but if such 
amount is subsequently changed by reason of agreement or 
arbitration as aforesaid, effect shall be given to such arbi- 
tration in the next succeedihg annual assessment. 

80. In case from aiiy cause the valuation of any city, 
incorporated town or district within the municipality should 
not he made or returned, as hereinbefore required, and the 
assessment of the municipality is thereby delayed, the 
municipal clerk is authorized to take the valuation of the 
same for the preceding year, and to proceed in the same 
manner as if isucb valuaiion bad been duly returned. 



152 



49 Vic. 



CHAPTER 28. 



1886. 



81. All the provisions of this chapter shall apply to 
the county of Halifax, and chapter 24 of the Acts of 1862 
is hereby repealed. 



Section 72 of 2. Scction 72 of the chapter hereby amended is amended 
chapfcer amend, y^^ inserting the word "district " before the word " county " 
in the fifth line thereof. 



conBUbios'fees ' 3. The coustable executing the warrant of distress 
wanSttt" ""^ against a defaulter or defaulters for county or other rates, 
shall be entitled to five cents per mile for travelling fees, 
and the same together with ten cents for justices' fees and 
ten per cent on the amount of assesment of each defaulter, 
shall be added to the warrant, and included in the levy 
made by such constaVJe, and paid over to the treasurer, as 
stated in section 38 of the Act hereby amended. 



Not to affect 
pending sttita. 



4. Nothing in this Act contained shall be held to apply 
to or afiect any pending suit 



CHAPTER 28. 

An Act to amend Chapter 67 Revised Statutes, '' Of Fences 
and Impounding of Cattle." 

(PMMdtlwUihda7ollCaj,A.D. 1886.) 



Sicnoir. 

1. Section 1, Hne Z, amended. 



Skviov. 
Sl Section 2, line 2, amended. 



Be it enacted by the Governor, Council, and Assembly, 
as follows: — 

Section 1. lines, 1. The words " or Dosts and wire, barbed and plain," 
amended. ^j^^n y^ inserted after the word *' rails " in tb« second line 
of the first section of said chapter. 

Section 2, unet, 2. The words ''and wire^ shall be inserted after the 
amended. ^^^^ „ board " in the second line of the second section. 



1886. CHAPTERS 29—31. 49 Via 158 



CHAPTER 29. 

An Act to amend Chapter 76 of the Revised Statutes, 
" Of the Preservation of useful Birds and Animals." 

(PMMd tbe nth (Uy of Maj, A. D. 1880.) 
SKmoK 1.— Chapter 18 Motion 76 amonded. 

Be it enacted by the Governor, Council, and Assembly, 
at follows : — 

1. Section 13 of chapter 76, Revised Statutes, is hereby ^^ ^i^^- ^* 
amended by substituting the word " day " for " days " in '"'•"**•*• 
the second line, and by inserting between the words *' and " 
and " September " in the third line the words " the fifteenth 
day of"; also, by substituting ''day" for "days" in the 
eighth line, and by inserting between the words " and " any 
" August " in the eighth line the words " the twentieth dad 
of." 

CHAPTER 30. 

An Act to amend Chapter 79, Revised Statutes, " Of Joint 
Stock Companies." 

(Pawed tbe Uth d^ of Maj, A. D. 1886.) 
Sicnoii 1.— Seetion 7 ameaded. 

Be it enacted by the Governor, Council, and Assembly, 
as follows : — 

1. Section 7 of said chapter is hereby amended by seo. 7 amended* 
leaving out the words at the end of the section " a duplicate 
list of shareholders stamped with the seal of the provincial 
secretary's office shall be attached to the letters patent" 



CHAPTER 31. 

An Act to amend Chapter 84, Revised Statutes, " Of the 
Registry of Deeds and Encumbrances affecting Lands." 

(Paawd the Uth day of May, A. D. 188&) 
Sicnoii L— Chapter 84 amended by adding aeoUon. 

Be it enacted by the Governor, Council, and Assembly, 
as follows : — 

1. Chapter 84 of the Revised Statutes is hereby chap. 8ia 
amended by adding thereto the following section :— «ibyaddingaeo. 



154 49 Vic. CHAPTER 32. 1886. 

In case of a deed of conveyance heretofore or hereafter 
executed by a sheriff under foreclosure of mortgage or by 
virtue of a sale of land under execution, and to which a 
purchaser or his nominee is entitled, being mislaid or lost 
before registry thereof, the sheriff who executed said deed, 
or his successor in office, or the sheriff in office at the time 
of application for a second deed, may execute and deliver 
a duplicate of said deed to be marked *' duplicate" to said 
purchaser, his nominee, heirs, or assigns, or a jurlge of the 
supreme or county court, on being satisfied by affidavit 
setting forth that a sale had been duly made, the name and 
residence of the highest bidder, the fact of the deed having 
been executed by the sheriff, and of the same having been 
mislaid or lost before registry, and the name of his nuccessor, 
or of the sheriff in office at the time of the application, may- 
order the then sheriff to execute and deliver such deed to 
said purchaser or his nominee, and which last-mentioned or 
duplicate deed and the registry and certificate thereof shall 
have the same validity, force and effect as if said original 
deed had been duly registered. 



CHAPTER 32. 

Au Act to amend Chapter 92 of the Revised Statutes, 
" Of the Prevention of Frauds on creditors by Secret 
Bills of Sale." 



(PMwdthelltbdayotMay^A. D. 1886.) 



SKTioir. 

1. Seotton 3 amended. 

2. Section 1 amended. 
8. Section 4 amended. 
4. Section 5 amended. 



Bktion. 
6. Section 6 amended. 

6. Section 8 amended. 

7. Section 10 amended. 



Be it enacted by the Governor, Council, and Assembly, 
as follows : — 

Sao. 8 amended. 1. Section 3 of Said chapter 92 of the Revised Statutes 
is amended by striking out of the 17th line of said section 
the words "several affidavits of the parties," and inserting 
in place thereof the words " affidavit of either of the parties 
thereto," and by striking out of the 20th and 21st lines of 
said section the words " such agent or agents respectively," 
{md inserting in place thereof the words ** the agent of 
either of the parties thereto." 

860. 1 amended. 2. Section 1 of said chapter is amended by striking 
out the words ** the laws relating to in.solvency " in the 
thirteenth and fourteenth lines, and inserting in lieu thereof 



1886. CHAPTER S3. 40 Vic, 155 

the words *Hhe provisions of chapter 118," and wherever 
the said section is referred to in this Act it shall be taken 
to be referred to as so amended. 

3. Section 4 of said chapter is amended by striking aec, 4 
out all the word» after the word " otherwiue,^ and inserting 
in lieu thereof the following words : ** Such bill of sale or 
chattel mortgage shall, as against the persons mentioned in 
section 1 of this chapter, only take effect and have priority 
from the time of the filing thereof, accompanied by sucb 
affidavit** 

4. Section 5 of said chapter is amended by striking out sm. 6 
all the words after the word "* otherwise '* in the last line 
bat one, and inserting in lieu thereof the following words : 
"Such mortgage shall, as against the persons mentioned in 
section 1 of this chapter, only take effect from the time of 
the filing thereof, accompanied by such affidavit/* 

5. Section 6 of said chapter is amended by inserting seae 
after the word " in *' in the first line the words '* the first 
section and." 

6. Section 8 is amended by inserting after the words s«a & Mnwded. 
"bill of sale" in the first line the words "or chattel 
moitgage," and by inserting after the word "discharged" 

in the first line the words " or released " 

7. Section 10 of said chapter is amended by striking sm loapMiniwi^ 
out the word " insolvent" in line 23, and inserting in lieu 

thereof the word '* indigent." 



CHAPTER 33. 

An Act to amend Chapter 100, Revised Statutes, " Of the 
Probate Court." 

(PMMd Um 11th d%7 of Uny, A. D. 1889.) 

Bicnov. I Sacnoir. 

L Beotkm 80 chapter 100 rep«aIotl. | 2. Section M Amended. 

Be it enacted by the Governor, Council, and Assembly, 
as follows : — 

1. Section 89 of chapter 100 of the Revised Statutes, 8eo.8»oh*ivi«a 
and section 1 of chapter 19 of the Acts of 1885, are hereby '***** ' 
repealed, and the following substituted : — 

"The Supreme Court or court of probate, or any jndge 
thereof, upon summary application and due proof that th<^ 



156 49 Vic. CHAPTER 34. 1886. 

executor is wasting the estate, may order the executor to 
give security for the performance of his duty, and if he 
shall not obey such order, or upon such application and 
proof that the executor is residing abroad beyond the 
jurisdiction of said courts and neglecting to settle or admin- 
ister the estate, shall cancel his authority, and the court of 
probate shall thereupon appoint another executor, who shall 
nave full authority to settle and administer the said estate, 
provided that in case the authority of the executor is sought 
to be cancelled on account of residing abroad, as herein- 
before provided, such authority shall not be cancelled until 
after six weeks' publication in the Royal Oazette of a notice 
of application therefor being made. 

8k. M amended. 2. Section 64 of said chapter 100 is here by amended by 
inserting between the word "law" and the word "two" in 
line two, the words " and may in his discretion order the 
same." 



CHAPTER 34. 

An Act to amend Chapter 105 of the Revised Statutes, 
"Of County Courts" and procedure therein. 

(PiMMd the nth dey of lUy, A. D. 1886.) 



flscnov. 

1. Powen of Coanty Goarte and Judges. 

2. Sec. 36 repealed, aeo. substituted. 
8. Section 40 ami nded. 

4. Causes tried without Juiy. 

6. SeetioB 52 amended. 

6. See. 53 repealed, sec. substituted 

7. Section 75 amended. 



S«cnoN. 

8. Section 80 amended. 

9. See. 91 repealed, sec. substituted. 

10. Seo. 02 repealed, seo. substituted. 

11. Section 08 amended. 

12. Section 06 repealed. 
18. Section 05 amended. 



Be it enacted by the Qovernor, Council, and Assembly, 
as follows : — 



lowers o( 
county courts 



L The county courts and judges thereof shall have and 
Md judges. exercise within their respective districts, " as to persons 
imprisoned under civil process issued out of magistrates' 
courts or out of the county courts," the jurisdiction and 
powers had and exercised by the Supreme Court and the 
judges thereof under chapter 117 of the Revised Statutes, 
" Of securing the liberty of the subject" 

8j«- JJjJgJJJjJ 2. Section 36 of the said chapter is hereby repealed 
**^ *" and the following section substituted therefor : " The 

county court or the judge thereof shall grant orders for 
judgment in summary and appeal causes, and judgments 
shall be entered in such causes on such orders by the clerk 
in the same manner as in causes where the claim is over 
eighty dollars. 



1886. CHAPTER 84. 40 Vic. 157 

3. Section 40 is amended by striking out the words SM.40Miitiid«d. 
''county wherein the judge resides/' in the eighth and nine 

lines thereof, and inserting in lieu thereof the words 
''district over which the judge presides." 

4. All causes shall be tried without a jury (except as cauMi tried 
in this Act or chapter hereby amended otherwise provided,) ^***®*^^"'^' 
and the judge shall decide the facts as well as the law, 

anless the judge before whom a suit is brought deems it 
proper to have the cause or any fact or facts controverted 
therein, tried by a jury, in which case he may order a juiy. 

5. Section 52 of the said chapter is hereby amended 8«;«6SMD«iid«L 
by inserting after the word " chambers " in the third line 

thereof, the words " at least." 

6. Section 53 of the said chapter is hereby repealed, 86o.&srapMi<d, 
and the following substituted in lieu thereof: "The clerk "^^ ■«**"*«**^ 
of the court in each county (except Halifax) shall, on or 

before the first day of July in every year, by himself or his 

depDty, cause as many lists to be prepared as there are 

places within such county where county courts are ordin* 

' arily held, each of such limits to contain the names and 

additions of all persons residing within the polling district 

or municipal b<Mird for which it is prepared, qualified to 

serve as petits jurors in the Supreme Court, and the name 

of every person appearing upon each of such lists shall be 

written upon a separate piece of paper and folded up so 

that the same cannot be read, and the papers containing 

Bach names for each such polling district or municipal ward 

shall be placed in a box, to be provided as a jury box for 

sach district or ward. On being thereto required by the 

judge, the clerk shall, in the presence of two justices to be 

appointed by the municipal council at the annual meeting, 

or in case the council omit to appoint, then to be appointed 

by the judge, after well mingling the names in the box of 

the polling district or municipal ward in which the court 

for which a jury is ordered is to be held, draw therefrom 

the names of ten persons. If in the knowledge or opinion 

of the said clerk and justices, or the majority of them, any 

person whose name is drawn is dead or absent, or disquali' 

fied by kinship or afiinity to any of the parties to the cause 

or causes ordered to be tried by a jury, the name of such 

person shall be put back, or if dead laid aside, and another 

drawn in like manner, until the names of ten suitable 

persons are drawn, who shall be summoned to attend and 

ffhall attend, at the time and place required; and of the 

said ten persons five shall bo drawn in court in the same 



158 49 Via CHAPTER 34. 1986. 

way as in the Supreme Court, and shall be empanelled and 
sworn to be the jury in the cause to be tried by^a jury, four 
of whom may give a verdict after being out four hours. 
Two peremptory challenges shall be allowed to plaintiff 
and defendant) each) and tales shall, when necessary, be 
allowed. When a justice or clerk is of kin or affinity to 
any party interested, or is himself interested, the judp^e 
shall appoint another justice or person to act in the drawing 
of the said jury in place of the one so related or interested.' 

«R.76»iii«nd«d. 7. Section 75 of the said chapter is hereby amended 
by inserting therein after the word "appeal" in the ninth 
line thereof) the words " even if such defect be such as to 
make the appeal a nullity)" and by inserting therein after 
the word " statute *^ in the twelfth line thereof, the words 
"and that the appellant has, within the time limited for 
taking out his appeal, bona fide endeavored to appeal" 

Bec.80aiii«nded. 8. Section 80 of the said chapter is hereby amended 
by inserting therein after the word " thereof " in the first 
line of said section, the words *' or a commissioner." 

660. 01 repealed, 9. Section 91 of the said chapter is hereby repealed^ 
MS tubrtituted. ^jj J j^j^^ following substituted in lieu thereof :— 

"In all actions an appeal shall lie to the Supreme 
Court Mtting in banco from every judgment) rule, order or 
decision of the county court, or of a judge thereof, made in 
court or at chambers, except orders made in the exercise of 
such discretion as by law belongs to a judge. The appeal 
shall be b^ notice of motion, to be headed ** in the said 
county court,^' of appellant's intention to appeal to the 
Supreme Court, and such notice need not contain the 
grounds of appeal. The notice shall state whether the 
whole or part only of such judgment, rule, order or decision 
is complained of, and if part only is appealed against, such 
notice shall specify such part. On the argument of such 
appeal the Supreme Court may annul, set aside, revise or 
vary the judgment, rule, order or decision appealed against^ 
or may make such other order in respect thereof as the 
nature of the case may require. The notice shall be served 
within ten days from the time when the judgment, rule> 
order or decision was pronounced or made, or from the time 
when the appellant fitst had notice thereof ; but the judge 
of the county court from whose judgment, rule, order or 
decision such appeal is taken, may enlarge or extend the 
time for giving such notice either before or after the expiry 
of such ten days, for such rea.sonable period as he may see fit.'* 



1886. 



CHAPTER 33. 



49 Via 



159 



10. Section 02 of the said chapter is hereby repealed^secMnmaied, 
and the following aabstituted in lieu thereof: — •«». ■ubufituttd. 

"After the jiidjBfe is satisfied that a notice of motion in 
appeal has been duly given» he shall certify under his hand 
all the pleadings in the cause, and all rules or orders made 
or granted therein, and all affidavits and exhibits filed 
therein, and a minute uf all motions or applications refused 
therein, and the evidence, with his minutes of evidence 
tendered, and his rulingn accepting or rejecting evidence, 
end his charge. He shall in all causes and matters tried or 
beard before him in court or at chambers, when requ&sted 
to do so on behalf of either party, file his minutes of 
evitience and proceedings, with his decision. Either party 
shall be at libHsrty by himself, his solicitor or counsel, or the 
clerk of either, to copy in the ofiice of the clerk of the court 
all papen) deemed necessary for the appeal, on payment to 
the clerk of a fee of fifty cents." 

11. Section 93 of the said chapter is hereby amended Seo. 93 amended, 
by inserting therein after the word *' immediately " in the 

fifth lin« thereof, the words " after being thereto required 
by an order from the judge," and by striking out the 
words " order for" in the seventh line thereof, and insert- 
ing in lieu thereof the words " notice of motion in." 

12. Section 96 of the said chapter is hereby repealed, see. 96 repealed. 

13. Section 9o of said chapter 105 is hereby amended secosMnended. 
by striking out the words *' provided the amount actually 

in dispute is above forty dollars" after the word 
" certioittri " in the third line. 



CHAPTER 36. 

An Act to amend Chapter 108 of the Revised Statutes, 
5th Series, *' Of Barristers and Attorneys. 

(Passed the llUi day of ifay, A. D. 1888.) 



SMtlOll. 

4. Section lOaitieti'fed. 

A. ExamiiMktionswheti to be held* 

0. Section 10 further anieiided. 



L Chap. 108 amended by adding clause, 
t. « All other i>rovbiions to be obeenred. 
8. Section 5 of Chapter amended. 



Be it enacted by the Governor, Council, and Assembly i 
as follows :— 

1. Chapter 108 of the Revined Statutes, 5th series, isohtptet los 
hereby auiendtsd by ailding thereto the following section :— SdEidaSi 



160 49 Via CHAPTER 35. 1886. 

" Any person who is a native of this province and who 
has obtained a degree of Bachelor of Arts, not honorary, at 
either of the universities of this province, and has been 
admitted to practice in an}- State in the Union and in the 
circuit and district courts of the United States, shall be 
admitted as an attorney and barrister to practice in the 
courts of this province on passing the regular prescribed 
final examination for admission to the bar of Nova Scotia, 
without being compelled to take any course of study in 
this province, but the production of authenticated diplomas 
from the aforesaid universities and certificates of admission 
to said courts, shall, on the passing of said final examination, 
be sufficient proof of qualification for the admission of 
such person as an attorney and barrister of the Supreme 
Court of this province, provided, however, that such person 
before admission shall be required to furnish a certificate of 
two barristers of this province that he is a man of good 
moral character. 

All other provi- 2. Except as herein otherwise provided, all other 
£Sved!** ^ ^^' provisions of chapter 108 shall be observed in respect of 

any candidate taking advantage of the provisions of the 

foregoing section. 

Sec. 5 of chap. 3. Section 5 of said chapter is hereby amended by 

amended. striking out the words " the approval of," and inserting in 

lieu thereof the words "to be annulled or amended in whole 

or in part by.'* 

•ec.iounended. 4. Section 10 is amended by adding after the word 
" place " in the first line thereof the words " in the city of 
Halifax." 

EuEininfttions. 6. All examinations held under section 10 of the said 

when to be held, chapter elsewhere than in the city of Halifax, shall be held 
at the same time that such examinations are held in the 
city, and at such place as the examiner shall appoint, of 
which written notice shall be given by the examiner to the 
candidate, not less than ten days previous to the holding of 
said examination. 

Sec. 10 further 6. Section 10 of said chapter is hereby further amended 
amended. jjy inserting the words " the examination " after the word 
** students " in the seventh line of said section. 



1886. CHAPTERS 36—37. 49 Vic. 161 



CHAPTER 36. 

An Act to amend Chapter 109 of the Revised Statutes, 
"Of Judges, Justices, and other Judicial Officers." 

(FMwd the 11th (Uy of Bfay, A. D. 1886.) 
SienoH l.—Chapter 100 amended. 

Be it enacted by the Governor, Council, and Assembly, 
as follows : — 

1. Section 1 of chapter 109 of the Revised Statutes, is section i, cap. 
amended by inserting after the word " functions " in the ^^' •"»««»<*«>• 
second line of the said section, the following words," or any 
petit jury or juror drawn for the trial of causes ;" and by 
the insertion of the words " or inhabitants of any muni- 
cipality," after the word " ratepayers " in the fifth line of 
said section. 



CHAPTER 37. 

An Act to amend Chapter 112 of the Revised Statutes, 
5th series, " Of the Limitation of Actions." 

(PsMed the 11th day of Hay, A. D., 1886.) 

Skros. I Skciion. 

PicamUa. | 1. Entr}* Ac, at any time within 20 yean. 

Be it enacted by the Governor, Council, and Assembly, 
as follows : — 

Whereas, doubts have been entertained as to the effect preamble. 
of chapter 112 of the Revised Statutes, " Of the limitation 
of actions," so far as the same relates to mortgages, it is 
expedient that such doubts should be removed ; 

1. Be it declared and enacted that it shall and may be Entry, Ac., at 
lawful for any person entitled to or claiming under any SS^y^w? ^'*^° 
mortgage of land, to make an entry or bring an action at 
law or suit in equity to recover such land at any time 
within twenty years next after the last payment of any 
part of the principal money or interest secured by such 
mortgage, although more than twenty years may have 
elapsed since the time at which the right to make such 
entry or bring such action or suit in equity shall have 
first accrued, anything in the said chapter to the contrary 
ootwithstanding. 



162 



49 Vic. 



CHAPTERS 88-40. 



188& 



CHAPTER 38, 



BttMoo 4, dp. 



Ad Act to amend Chapter 123 of the Revised Statutes, 
5th aeries, •* Of Tenancies and Distress for Rent.** 

(PmmmI tbe nth day of]^. A. D. 1880.) 
Sbctio* l.--8«ctk)B 4 cbapter 116 wn»Dd«S. 

Be ft enacted by the Governor, Cowncil, and Assembly^ 
as follows : — 

1. Section four of said chapter is hereby amended by 
adding thereto the following words : — ** But the landlord 
shall have the option to remove the said goods to another 
place of impounding or security, and to sell and dispose of 
the same after appraisal and notice as aforesaid, otberwiser 
than on the premises.^ 



CHAPTER 39. 



Schedule 
to chapter 
MiMDded. 



An Act to amend Chapter 128 of the Revised Statutes, 
5th series, •* Of Costs and Fees.** 

(P«ted the IMh day of M17, A. D. 188«v> 
S«moif v.— Schedule to dhaptet amended^ 

Be it enacted by the Governor, Coundl, and Assembly^ 
aa follows : — 

1, The schedule to said chapter for " fees on distress 
for rent " is hereby amended by inserting after the word 
** sale " the words ** or payment without sale." 



CHAPTER 40. 



Schedule of 
fees to chap- 
ter amended* 



An Act to amend Chapter 128, Revised Statutes^ 
- Of Costs and Fees." 

(nMPad the nth day of May, A. D. 188ft) 
SaonoH L^^hedule of feee to chapter amended. 

Be it enacted by the Governor, Council, and Assembly^ 
as follows : — 

1. The schedule of fees to chapter 128, Revised 
Statutes, "Of costs and fees,'' shall be amended as follows >^ 



1886. 



t3fiAlE>TTEIl 41. 



419 t'lo. 



m 



(a.) l*he )ee for commission of sheriff shall be ten 
^dollars instead of two dollars 

(h.) There shall be a feeof ten dollars for a ticense ^ndet* 
the provisions of the Act ef the Parliament of Canada, known 
«.s the Canada Temperance Act, snch fee to be taken at the 
provincial secretary's office, and paid into the treasury. 



CSA^TER 41, 

An Act to prorvide a Free Sridge across tiie Avon River, 
between Windsor and Falmouth, in the County of 
Hants. 



L n5,000 spedkltrimnt for ATOfl bridga. 
1 iy> b« nOaad by \mmt of proHocUa 

debentorcfl. 
-S. Governor -iB-OeuMtt oMUoriMd to 



Sionoir. 

4. Brid^ how to be tntnsf^rreii). 

5. Title to remain In municipality of Weilk 

Haati. 
' •. Repairing, ftc^ of bridge, bow oarrieil 



Whereas, the bridge across the Avon River between rreamuo. 
Winds<H' and Falmouth, in the county of Hants, commonly 
xailled tJhe Avon bridge, was built by the Avon Bridge 
Company, under a charter granted by the legislature of 
NovaScotia, in theyear 1834, and is now maintained by 
3aid conapany as a toll bridge ^ 

And whereas, as appears by correspondence submitted 
to the legislature during the present session, a provisional 
^rrangeflaent has been flaade between the govemnient of 
Nova Scotia and the Avon Bridge Company for tho purchase 
*of the bridge by the said government; 

And whereas, it is expedient to give effect to such 
arrangement and make prevision for the repair or recon- 
ittruction of the bridge when necessary ; 

Be it therefore enacted by the Governor, Council, and 
Assembly, as foHows :-^ 

1. In addition to the funds already at the disposal of fss,(Nip ifpe<^ 
the Qovemor-in-Council for the construction of bridges in ^SS^' ^'''*" 
the couniy of Hants, a sum not exceeding twenty-five 
thousand doHars is hereby appropriated and set apart as a 
'Special provincial grant 'for purchasing and repairing, 
Teplaoing or rebuilding, the^said Avon bridge. 



164 49 Via CHAPTER 41. 1886. 

To be »i»«i by 2. The Said aum of twenty-five thousand dollars, or 
(^^•beDUtra'such part thereof as may be required for the purposes of 
this Act, shall be raised by an issue of provincial debentures 
in the manner provided in section 4 of chapter 3 of the 
Acts of 1884, entitled ''an Act to authorize a provincial 
loan/' and the provisions of sections 5, 6, and 8, of the said 
chapter shall apply to such debentures. 

Gormvor-fn. 3. The Oovemor-in-Council is hereby authorized and 

^riMd *to empowered to purchase, acquire, and take over from the 
purchAw. Avon Bridge Company, at a sum not exceeding six thousand 
dollars, to be paid out of the sum of twenty-five thousand 
dollars before mentioned, the said company's charter, 
bridge, approaches, roads!, Lands, buildings, and all the com- 
pany's property, rights, and privileges of every kind, and to 
vest the same in the municipality of West Hants in the 
manner hereinafter mentioned, and such bridge when so 
taken over shall become open to public travel free of tolls 
or charges of any kind. 

Bridge, how tv 4. As soon as such purchase or acquisition is agreed 
be tnosforred. ^p^^^ ^.j^g ^von Bridge Company shall, by a deed under its 
corporate seal, transfer to the said municipality of West 
Hants the company's charter, bridge, approaches, roads, 
lands, buildings, and all the company's property, rights and 
privileges of every kind, and the said deed shall vest in 
the said municipality as full and ample a title thereto a» 
the said Avon Bridge Company now has in the same. 

Title to remain 5, Nothing: herein contained shall prevent the Qover- 

in municipality , r>i -li. x* * •• i* 

of West HMito. nor-m-Council at any time from repairing, replacing, or 
rebuilding, the said bridge, under any law of the province 
now existing, or which may hereafter be passed, provided 
that the title of such bridge so repaired, replaced, or rebuili, 
shall be ID the municipality of \^ est Hants. 

Repdrin^, &c., 6. The repairing, replacing, or rebuilding of the said 

SwriSon'.**^^ bridge, shall be done under the provisions of chapter 20 of 

the Acts of 1883, and the Acts in amendment thereof, 

provided that sub-section (a) of section 5 of the said 

chapter 20, shall be held to have been complied with. 



1886. CHAPTER 42. 49 Via 165 



CHAPTER 42. 

An Act to legalize Jury Lists and Panels, and Assessment 
Rolls, and Revisors' Lists for the present year. 

(BuMd tbe Itth di^jof Ifay, A. D., 1880.) 

9mmoaL i Sbctioit. 

L JofyVateandimDebkgfaiied. -S. AaMwmeifft rolli and RevlsonT Rsta 

I legalized. 

Be it enacted by th^ Governor, Council, and Assembly, 
as follows : — 

L All jury ptfnels whether grand or petit, to be drawn Juiy iiite and 
from jury lists at the terms of the Supreme Court at which P*n«^"^«*f»"«»^ 
the same are usually drawn in the year 1 886 shall be, and 
the same are declared to be, valid and legal, notwithstand- 
ing any defects in the preparation of the lists from which 
the same may be drawn, or any informalities or irregularities 
that DQay have occurred in the making of such lists, or as to 
the time at which the same were made up, notwithstanding 
that the names of any justices of the peace may have been 
drawn from any such lists, and notwithstanding any error, 
omission, or irregularity whatsoever, in the preparation of 
such lists, the drawing of such panels, or anything connected 
therewith. 

12. The assessment rolls for the present year, and the ABManaent 
revisors' lists of electors prepared from such assessment WMn^uaSi 
rolls, are hereby legalized and confirmed, notwithstanding ie8»i*»d- 
any informalities in the appointment of assessors or 
revisors, and notwithstanding that such rolls or list<« may 
not have been completed within the time limited therefor, 
under chapter 4 of the Revised Statutes, 5bh series, "Of the 
election of members in the House of Assembly.** and of 
chapter 58 of the said Revised Statutes, " Of municipal 
assessments,^ or any other statutes in that behalf^ and 
notwithstanding the revisors may not have met on the 
proper day in April, and notwithstanding any errors, 
omissions, or irregularities, in the preparation of such rolls 
or lists, or in any proceedings in connection therewith, or 
in the certification thereof, and notwithstanding the absence 
of the certificate required by law on any such assessment 
colla. 



166. 



49 Vic. 



CHAPTERS 43-^. 



r88»l. 



CHAPTER 43: 

An Act Fespeeting the Steawship Service ob ibe Soutlb 
Western Coast of the Province. 



(fUMd the Uftb «ij af Mv* ^ D..1886.> 



9>onoiv. 

1. r,00a StMun MTvlM Hftlitex asd* 

T^rmouth 
i., Govemor-in-CoiancU bmj mter into 
affve«ment 



SicnoN. 
8. trarineUl StoratMr; toAXMuU 
nieiit 



I7,eoo 

vice Halifax and 
Tarmovth. 



Be it enacted hy the Oovernor,. Council, and- Assembly,, 
ad follows : 

1. A sum net eseeeding seven thousand dollars per^ 
annum is hereby granted to His Honor the Eieuienant-^ 
Governor for the period of ftve years, for the maintenance- 
ef an efficient steamship service between* the ports of Hali-» 
fax and Yarmouth^ touching at as many intermediate ports, 
as may be agreed upon between the government, and the* 
parties contracting to* maintain such service. 

2. The Govemor-in-Cowicil is hereby authorized and 
empowered to entei int6 an agreement or agreements witb 
any company, person or persons for the performance of the* 
service contemplated by the first section of this Act,, whicb 
agreement or agreements shall be m sucb form,, and contain 
such provisions^ as the 6bvernor-in-Coi»ncil may deem 
necessary for the protection of the public interests^ 

Provindaiseere- 3. The Provincial Secretary may,, with the approval of' 
a^Boment*^'*** the Govemor-in-Council, execute such agreement or a^ee- 

ments on behalf of the govenunent and province of Nov& 

Scotia. 



Governor- tar 
Counoil may 
enter into 
agreement. 



CHAPTER 44. 

An Act respecting Gaols^ Municipal Lunatic Asykkm8>. and 
Poor Hottses.. 

(Paaeed the lltk day at May. A. B. IfiM^ 



SSOTiDir. 

L Buildftifs may be^ereeted as aayl vms 
2. Present building! may be altered, etc. 
8.. Who to be retained as patiente, etc. 
4. Who may be committed, and hoic 
6. Patients, how diaoharg:ed, etc. 
6. Removal of patients provided for; 
7; Patients recommitted to bean* 

Aeylum. 
a Management, etc., in whom vested. 



SlOTIOll. 

9. Appoi nfemtnt ol BDanf of TIsMoMk. 

10. Expeaae of maintenance, how raisedc. 

1 1 Property of patf en t liable for supports 

12. Contributions to patienta' support. 

18. Municiyalities may erect buiialogt. 

14. Classeaof patients designated. 

1& Seme Duildlng lor Poor Bouse andk 
Asylum. 



Be it enacted by the Governor, Council, and Assembly, 
as follows : — 

BQfldingi may 1. Any HiunicipaKty or incorporated town in the pro- 
MytaS** " ▼ioc© ™«^y ^r«ct buildings to be u^ed as asylums f ac the wc^ 



law. CHAPTER 44. 49 Vic 167 

of the harmless insane, idiotic persons, and epileptic persons 
who are insane but who have not manifested symptoms of 
violent ioeanity, belonging to said municipalities or incor- 
porated towns, and said buildings and their appurtenances, 
together with all jails, lock-ups and poor-houses hereafter 
erected by any municipalities or incorporated towns must 
be constructed in accordance with plans which have been 
submitted to and received the approval of the Qovernor-in- 
Council. 

2. Any building at present erected and used as asylums PrweDt bniid- 
for the harmless insane, idiotic persons, and epileptic per-Jjg^j^^ 
sons who are insane but who have not manifested symptoms 

of violent insanity, together with all jails, iock-ups and 
poor-houses now erected throughout the province shall, if 
deemed necessary by the Governor-in-Council, he altered, 
repaired or added to and be made suitable for the residence 
of the persons for whom they are used, and if the municipal 
council of any municipality, or the town council of any 
incorporated town, wherein any such buildings are now 
erected and used for the purposes aforesaid shall not, after 
such notice as the Oovernor-in-Council may deem sufficient, 
cause said buildings to be made suitable for the residence 
of the persons confined therein, then the Governor-in- 
Council may cause said buildings and their appurtenances 
to be repaired, altered or added to and made suitable to 
their satisfaction, and the costs, charges and expenses of so 
doing shall be a charge upon the municipalities or incor* 
porated towns using said buildings. 

3. No insane patient or patients shall be retained in who to be 
any of the aforesaid asylums except those who have been ^^^ jJJ 
under care at the Nova Scotia Hospital for the Insane, and 
whose removal to the said asylum or asylums is considered 
judicious by the authorities of the said Nova Scotia Hos- 
pital for the Insane, and idiotic persons, and epileptic 
persons who are insane but who have not manifested 
symptoms of violent insanity. Provided, however, that all 
persons who may be in transit to the Nova Scotia Hospital 

for the Insane may be retained in said asylum or asylums 
for such time only as will allow arrangements to be made 
for their admission into the said Nova Scotia Hospital for 
the Insane. 

4. Idiotic persons and epileptic persons who are insane who may b 
but who have not manifested symptoms of violent insanity ^||o^' 
may be committed to the said asylums by any two justices 

of the peace on the certificate of any two legally qualified 



168 49 Vic. CHAPTER 44. 1886. 

medical practitioners, and the written order of the warden 
of the municipality or mayor of the incorporated town to 
the effect that such person or persons are idiotic persons 
and epileptic persons who are insane but who have not 
manifested symptoms of violent insanity, and upon such 
other evidence as they may obtain, as provided in clauses 12 
and 13 of chapter 88 of the Revised Statutes, and said 
asylums when erected by any municipality or incorporated 
town shall also be used in place of the gaol in said sections 
designated. 

patiente, how 5. The persons committed to said asylums, as in the 

diaohaiTed,Ac. j^^^^ preceding sections mentioned, may be discharged by 
the warden of the municipality or mayor of the incorporated 
'town, upon the certificate of the physician in charge of any 
such asylum who has been appointed by any municipal or 
town council, or appointed for that purpose, as provided for 
the discharge of patients in the Nova Scotia Hospital for 
the Insane in section 33 of chapter 38 of the Revised 
Statutes, but no person in transit to the Nova Scotia 
Hospital for the Insane shall be so discharged. 

Bemovaiof Mk 6. The Superintendent of the Nova Scotia Hospital for 
ttents provided ^.^^ Insane may recommend the removal of such patients 
who are now under care at said institution and who, in his 
judgment, are fit and proper persons for removal to the 
aforesaid asylums. He shall notify the warden of each 
municipality and the mayor of each incorporated town, ta 
which such patients are chargeable, of the number to be so 
transferred, and he shall deliver them at the Nova Scotia 
Hospital for the Insane to the care of a proper person 
appointed by the physician in charge of any of the aforesaid 
asylums, to be sent to the aforesaid asylums, and the cost of 
such removal shall be a municipal or town charge. He 
shall keep a record of the municipality or town to which 
said patients are removed, and shall furnish to the physician 
in charge of any of said asylums a full report or history, so 
far as possible, compiled from the books of the Nova Scotia 
Hospital for the Insane, of the case of each person so removed. 

PAtiento reoom- 7. If any patient in any of the asylums aforesaid 
abJw^ '"**"* becomes unmanageable through violence or the development 
of homicidal or suicidal propensities he may, on due notice 
being given to the superintendent of the Nova Scotia 
Hospital for the Insane, and proper arrangements being 
made therefor, be sent therefrom or recommitted to the 
Nova Scotia Hospital for the Insane on the recommendation 
of the attending physician of said asylum upon the certi- 



L 



1886. CHAPTER 44. 49 Vic. 169 

ficate of the warden of the municipality or mayor of the 
incorporated town, and be chargeable to the county, town 
or municipality from which such person comes, under the 
provisions of chapter 38 of the Revised Statutes. 

8. The financial and general management of the afore- Management, 
said asylums shall be vested in the municipal and town vested.^ °^ 
councils of the said municipalities and towns to which said 
several asylums belong, and the managenient thereof shall 

he regulated by by-laws made by said councils, but no such 
by-laws shall have effect until they shall be sanctioned and 
have the approval of the Govemor-in-Uouncil. 

9. The council of any municipality or town in which ^^intmrat of 
any as3'lum as aforesaid is situated, may appoint a board 

of visitors of not less than five persons, of whom two may 
be women, to whom the said buildings and the appurte- 
nances shall be open at all time-i, and the municipal or town 
council shall define the powers and duties of said board of 
visitors by by-laws, which shall not take effect until they 
are submitted to and sanctioned by the Governor-in- 
Council 

10. The expense of maintaining the aforesaid asylums Expense of 
and the patients therein, and all charges incident thereto, SwiSSSS!'** 
shall be raised by rates to be assessed on real and personal 
property or its owners or occupiers in the said several 

towns and municipalities in the same manner as municipal 
or county rates are assessed, levied and collected, provided 
that the expense for the maintenance of the pauper patients 
in said asylums shall be borne subject to the laws for the 
support of the poor. 

11. The property of any patient in any of said asylums, property of m- 
if any he have, over and above what will maintain his JJfp^^**^* ^* 
family, shall be liable for his support while in said asylum. 

12. The father, grandfather, mother, grandmother, contributiou 
children and grand-children respectively of any pauper ^p^^®°^ 
patient in any of the said asylums being of sufficient ability 

shall contribute towards the maintenance of such patient 
while in any of the aforesaid asylums, to such extent as 
their means will permit without injury to themselves or 
their families. And the provisions and authority conferred 
upon the committee or committees appointed by any muni- 
cipal council, and the committee or committees which may 
be appointed by the council of any incorporated town to 
inquire respecting the income and means of pauper lunatic 



170 



49 Via 



CHAPTER 45. 



1886. 



Munioipalities 
ma/ oreot build. 



patientg in the Nova Scotia Hospital for the Insane, shall 
extend to similar matters in relation to patients confiQed in 
any of said asylums. 

IS. The several municipalities and incorporated towns 
in any county of the province may enter into an agreement 
to erect buildings and purchase grounds for the purposes of 
this Act for the whole county in which said municipalities 
and towns are situated, and such agreement shall only come 
into effect after it is submitted to and sanctioned by the 
Governor-in-Council. 



CUaMS of pa- 
titnta datigna- 
lad. 



14. The persons confined in any of the aforesaid 
asylums shall only be idiotic persons, and epileptic persons 
who are insane but who have not manifested symptoms of 
violent insanity, and the harmless insane belonging to the 
several municipalities and incorporated towns who shall have 
been removed from the Nova Scotia Hospital for the Insane 
according to the provisions of this Act, and insane persons 
in transit to the said Nova Scotia Hospital for the Insane. 
The class of insane persons who at the time of the passini;; 
of this Act may be legally committed to the Nova Scotia 
Hospital for the Insane under the provisions of chapter 38 
of the Revised Statutes, shall be confined in said Nova 
Scotia Hospital for the Insane as heretofore, and shall only 
be conveyed therefrom to said asj'lums under the provisions 
of this Act. 



Same building 
for poor houaa 
ftnd aaylmu. 



15. Nothing in the foregoing section or in any other 
section of this Act shall be held to prevent the use of the 
same building for the purposes of a poor house and lunatic 
asylum, if such building be made suitable to both purposes 
to the satisfaction of the Governor-in'Council. 



CHAPTER 45. 

An Act to legalise and confirm certain proceedings in 
the Supreme Court of Nova Scotia, 

(Paaaad the Uth day of May, A. D. 1886.) 



BiCTIOlf. 

Preamble. 
1, Order ratiflod and oonftnned. 
S. Divisions may deliver Judgments, dto. 



Shotion. 
8. Judf^ent of division, Judgment of 

court. 
4. Deposit before rehearing. 
6. Deposit Ao., a stay of prooeeding*. 



FreMkbif. Whereos, by an order signed by a majority of the judges 

of the Supreme Court on the 23rd day of February, A. D, 
1886, it was provided that the Supreme Court should oa 



188«. CHAPTER 45. 49 Vio. J7I 

and after the Ist day of March, 1886, and during the 
remainder of the session of said court then being held, sit 
in two divisions for hearing motions, arguments, and 
appeals, and the transaction of such other business as 
might come before it ; 

And wh&reoA, grave doubts have arisen as to the legality 
of said order; 

And whereas^ said order was subsequently annulled by 
aid judges, but prior to the annulling thereof^ several 
causes had been heard under said order ; 

Be it therefore enacted by the Governor, Council, and 
Assembly as follows y-^ 

1. The said order up to the time of its being annulled cmier ratmed 
as aforesaid, and all the proceedings of the di visions of said*™* ~'**"**** 
court in respect to all motions, arguments and appeals 
heard thereunder, are hereby ratified and confirmed to the 
•ame extent as if the same had been heard by the Supreme 
Court as constituted before the making of said order. 



2. The divisions of said eourt may deliver judgments uvisiona 



mur 



and take all further necessary proceedings in all motions, ^J2[ ^^^ 
arguments, and appeals, heard before the said divisions 
respectively, as if the said divisions had all the powers and 
authorities of the Supreme Court, constituted as aforesaid. 

8. Any judgment, decision, rule, or order, made by a jad^nent of du 
majority of the judges of a division, in any such motion, meat^^i^ 
argument or appeal heard before it, shall be considered to 
be and shall be a judgment, decision, rule, or order, of the 
said Supreme Court, subject to the provisions of the next 
following section. 

4. If the judges of a division shall not be unanimous in neposit betarQ> 
the judgment, decision, rule, or order, which may be given '^*****^"*' 
or made by it, any party dissatisfied with such judgment, 
decision, rule or order, may, on depositing with the protho^ 
notary of the court the sum of forty dollars as security for 
the costs of re^argument, and on giving the opposite party 
notice in writing within ten days from the date of such 
judgment, decision, rule, or order, of his intention to have 
the said cause or matter re-heard, enter the said motion^ 
argument, or appeal, for re*hearing, and the said motion^ 
argument, or appeal, shall thereupon be re-heard before the 
Supreme Coi^rt as it waa constituted before the passing at 
said order« 



l72 49 Vic. CHAPTER 46. 188C. 

Depodt, *Cm » 6. Such deposit and notice shall operate as a stay of 
inj^ ^ ' proceedings, and the re-hearing shall take place as if the 

said motion, argument, or appeal had not previously been 

heard. 



CHAPTER 46. 

An Act to amend Chapter 36 of the Acts of 1885, entitled, 
" An Act to provide for the appointment of a Taxing 
Master." 

(PMsed the lltb day of May, A. D. 1680.) 

Sbctior. I SBCnON. 

1. Taxlnir maater may appoint deputy. 8. Judges thall tax ootti. 

S. Judges may prescribe fees. I 

Be it enacted by the Governor, Council, and Assembly, 
as follows : — 

TTaxing master 1. The taxing master to be appointed under the 
deputy*'*^^* authority of the chapter hereby amended, shall have power 
to appoint a deputy who in the absence of such taxing 
master, or in case of his incapacity by reason of interest, 
illness, or otherwise, shall have and exercise the same 
power and authority as are in the said Act vested in the 
taxing master. 

J^gM ""•y p»- 2. The judges of the Supreme Court or a majority of 
*^' them, shall have power to prescribe a fee or a scale of fees, 
of such amount as they shall think fit, to be paid to the 
said taxing master upon every taxation of costs, which fee 
shall be and form part of the taxable costs in the cause or 
matter in which costs are so taxed. 

Judges shau tax 3. Until the Governor-iu-Council shall appoint a tax- 
^'**' ing master under this Act, the judges of the Supreme 

Court and the judge of the County Court at Halifax, shall 
tax all bills of costs in Halifax, as if the Act hereby 
amended had never been proclaimed, and nothing in said 
Act shall be construed to abridge in any sense the powers 
or duties of the judges at Halifax to tax all bills of costs, 
as before the passing of this Act 



1886. CHAPTERS 47—48. 49 Vic. 173 



CHAPTER 47. 

An Act to remove doubts in relation to certain Acts 
of the Legislature. 

(PMMd the 11th day of May, A. D., 1S86.) 

Sktios. I SBcrioN. 

Pnunble. | 1. Chapter 20, Acts 1883, dedared in force. 

Whereas, Chapter 20 of the Acts of 1883, entitled, " an Preamble. 
Act respecting bridges/' and the Acts in amendment thereof, 
were omitted from the Revised Statutes, 5th series, and 
doubts have been expressed whether such Acts are in 
force; 

And wkereaa, it is expedient to remove such doubts ; 

Be it therefore declared and enacted by the Governor, 
Council, and Assembly, as follows : — 

1. Chapter 20 of the Acts of 1883 and the Acts incp. 20, Acts 
amendment thereof, are hereby declared to be in full force, JJ?;,^**'"*** 
aod to have been in full force at all times since the passing 
of said Act. 



CHAPTER 48. 

An Act relating to Executors and Administrators, 
cum teataviento anneaco. 

(PaMed the 11th day of May, A. D. 1386.) 
SacnoN 1.— Proviso aa r^pA'd* executors, &c. 

Be it enacted by the Governor, Council, and Assembly, 
as follows : — 

1. Where executors by virtue of the powers in them proviso as re* 
vested, have invested moneys in lands and tenements or on ^*^^^' 
mortgage of lands and tenements, and on foreclosure of said 
mortgages have, in order to protect the interests of their 
estates, bought in said lands and tenements and have had 
the same conveyed to them as such executors, such lands 
shall be held by them in joint tenancy and not as tenants 
in common, and upon the death of the survivor of such 
executors, or of a sole executor, or sole surviving executor, 
who has bought in lands or tenements as aforesaid, then an 
administrator cum testaw^nto annexo duly appointed shall 
take the estate of such deceased executor, in such lands and 
tenements in case he dies intestate, or dies without having 



174 4S Vie. CHAPTER 49. ISSBv 

appointed an executor, and in case such deceased sole, or sole 
surviving executor leaves a will appointing an executor, 
the executor by him appointed shall take his estate in said 
lands and tenements, and such administrator cabm testor- 
^inento annexo^ or ex<^utor appointed by such will, shall 
have the same power and authority to sell and convey Auch 
lands to such person or persons, and under such circuna* 
stances and conditions as such sole or sole surviving 
executor might have sold and conveyed the same, and \t 
shall not be necessary for the heirs of such deceased executor 
to become parties to the deeds conveying such lands and 
tenements. 



CHAPTER 40, 

An Act to amend the law relating to the Court of Divorce^ 
and Matrimonial Causes. 

(I^UMdUit IV^ dkyxA ^, A. t>. XM,) 

IKBCito». ^ , I Stonoir. 

1. Po«*«V o! judg« oMlnary not affected. •. P*rt of section Id, ^hftpter 126, RaviMd 

2. Oottit of App«ai, how ootoiNMed. ( SUtutas repwiedv 

Be it enacted by the Governor^ Council, and Assembly^ 
as follows :-^ 

^o^r of judK^ 1. tt is hereby declared and enacted that nothing in 
£*S^ "*****' the Nova Scotia Judicature Act of 1884 shall have the 
effect or be construed to have the eflfect of altering^ taking 
away^ or diminishing, the power or Jurisdiction of the 
present judge in equity as judge ordinary of the court for 
divorce and matrimonial causes, from the time of the passing 
of said Actj or hereafter> as long as he shall remain or 
continue to be a judge of the Supreme Court, and all his 
acts, judgments, orders, and decrees^ in that capacity since 
the passing of said Judicature Act, shall be and be held to 
be as valid and etSfectUal as if said Act had not been passed. 

x^a^xA ftp{«ii^ 2^ ^he court of appeal from the decisions of the Judge 
how oompoMv ordinary shall be the judges of the Supreme Court in 
banco, 

i>art of aac i<K 3* The words ^' of whom three, at the least, in addition 

nmu^J ^•^•to the judge ordinary shall form a quorum,*' in the tenth 

section of chapter 126, Revised Statutes, appendix (a\ 

entitled, " Of the court for divorce and matrimonial causes/ 

are hereby repealed. 



1886. 



CHAPTER 50. 



49 Vic. 



I7fl 



CHAPTER 60. 
An Act to amend the Nova Scotia Judicature Act, 1884. 

(I'MMd tb« lllh d«y of Maj, A. Di 1880.) 



L Jodfesdounty ooUTtttx-oflldoiiiMUn 

Soprame Court. 
L Xfty fraat ord«n forforwiaiareuid 

Mte. 
B. Mva{ipoint|faMili«i«iforli]natl<J«,fta 
L Jtoy ora*r o»tat i>« *c< . of lanfttin. 
6. iQdg« to tako avidMic* in full on 

trials. 
6. Jvdft to onter ruling* on •▼id«no«, 

4«. 



7. oillcUa rvportflfi for SupMma Coort 
%t Judge may ofdor ovidenoe taken by 



9. 
10. 



11. 
18. 



Judge to attach his dediion for iaeuee. 
Judge to file minutes of evidence 
taken. 
Trial or damages ass e ssed by jury. 
Application to amend judges minuteii 
toapply. 



A(!t, when and how t 



Be it enacted by the Governor^ Council, and Aademblyi 
is follows *t^^ 

L The judges of the County Court shall be ez-'officio JiidgMCodiity 
masters of the Supreme Court, and may as such masters, ^Sjj^ ^J^ 
subject to the same appeal as is allowed from the decision pr«n»«oo«ifi 
of judges at chambers, hear motionsj make orders, and 
transact all such business, and exercise all such authority 
and jurisdiction in the following proceedings and matters 
in the Supreme Court, as under the Judicatuie Act or the 
roles made in pursuance thereof, may be transacted and 
exerci^sed by a judge of the Supreme Courtj at chambersi 
that is to say :-— 

(a.) Security for costs } 

(i.) Leave to issue executions as provided by order xl 
rales 22 and 23 of said Act ; 

(c.) Attachment of debts as provided by order xliii ) 

(d.) Arrest as provided by order xliv ; 

(«.) Enlarge or abridge trial, as provided by order liL* 



fore- 
closure and sale. 



2. The masters of the Supreme Court being judges otu^y gnh\ 
the county courts, are hereby empowered to grant orders ^i^nln^ 
for foreclosure and sale, and to tax costs in uncontested 
actions claiming the foreclosure of mortgages. 

3. The masters of the Supreme Court being judges of iiny api^int 
the county courtsi may appoint guardians for insane persons £Sl2ei?'i!!o[.' 
tinder the provisions of chapter 38, Revised Statutesi 5th 

BerieSi " Of lunatics." 

4. The masters of the Supreme Court being judges of May order ei* 
the county courts, may order the letting for a term of years, {J^ii^jlf*' ^ 
the sale, mortgage, or other disposal of the real estate of 



176 49 Vic. CHAPTER 50. 1886. 

lunatics and persons non compos mentis^ and of infants, 
under the like circumstances, and in the same manner as 
the Supreme Court or a judge thereof may order the 
same. 

Judge to take 5. XTpon the trial of any cause, either by or before a 
JntrSSI*" '""judge, it shall be the duty of such judge to take the 
evidence of the witnesses fully in writing, together with 
his rulings on the admission or rejection of evidence. 

Judge to enter 6. The soHcitor on either side upon the said judge 
SSnoT&c" *^*' ruling against him on a question of evidence, may reduce 
said question to writing and hand the same to the judge, 
who shall transcribe the same on his minutes or attach the 
same thereto, and said judge shall thereupon enter upon his 
minutes his rulings thereon. 

oflBciairepor- 7. The Chief Justice may, in his discretion, appoint 

premecourt. official reporters to the Supreme Court, who shall be swora 
by a judge thereof to the faithful performance of their 
duties, and the judges may prepare a scale of fees to be 
paid for their services, which fees may be taxed as other 
fees, and be costs in the cause unless otherwise ordered. 

Judge nwy or- 8. On the application of either party supported by 

taken^by"n- affidavit, the court or a judge, at any time after issue 
porter. joined, may, in his discretion, order the evidence, the 

judge's charge, and his ruling on such evidence, to be taken 
by such reporter, and the evidence, and rulings, and charge 
so reported, shall be filed with the prothonotary, and shall 
constitute the report of such evidence, rulings, and charge, 
in the cause, provided always, that no fees shall be paid for 
the services of any official reporter upon any trial except 
the reporting of the same shall have been first ordered by a 
judge of the Supreme Court, or unless the presidini; judge 
shall certify that the reporting of the same was necessary. 

Judge to »tuch 9. In all cases tried before a judge sitting without a 
{«iu«r^'°" '^'"jury, the judge shall write out and attach to the copy of 

the pleadings, his decision upon each of the issues for 

trial. 

Judge to file 10. Within five days after judgment has be.en declared 

SenwJ^en!* ^f decrees filed on trial of any action, or issues, by or before 
a judge, the judge shall, if required by either party to the 
action, file with the prothonotary or clerk of the court his 
original minutes of evidence as taken upon such trial, and 
his ruling with regard to the acceptance or rejection of 
evidence tendered, and on the issues. 



1886. CHAPTER 51. 40 Vic. 177 

1 1. Section 20 of the Judicature Act is hereby amended THiUor dwnagei 
by adding to sub-section one of said section, the following *"*®*'*^**^^"'^' 
words, " In any action instituted and pending at the date of 
the passage of this Act, if either party, plaintiff or defendant, 
so desires, such action shall be tried or the damages shall 
be assessed by a jury, provided that either party thereto 
shall within ten days prior to the trial thereof, file and 
serve on the opposite party a notice in writing, requiring 
that such issues shall be tried or such damages shall be 
assessed by a jury, and thereupon such action shall be 
placed on the docket of jury causes for trial, and provided 
that the judge before whom the said actions or any of them 
pending at the date of passage of this Act are to be tried, 
shall decide that it is expedient and in the interest of 
justice that the same should be tried or damages assessed 
by a jury. 

12. In appeals from the county court, after the same Application to 
are perfected, if either party is dissatisfied with the judge's J^®J^{^"*««*'* 
minutes taken at the trial thereof, application may be made 

to the judge who tried the same to have the said minutes 
amended, provided notice of said application and the 
amendments proposed to be made, shall be served on the 
opposite party four days before said application. 

13. This Act, with the exception of clauses seven and Act when ua 
eight and eleven, shall apply to the Supreme and county **®''*^*''^*^* 
courts and judges thereof. 



CHAPTER al. 

An Act to amend Chapter 20 of the Acts of 1883, entitled, 
•* An Act respecting Bridges," and Acts in amend- 
ment thereof. 

(PMBad th« lltb day of May, A. D. 1886.) 

Sktiok. 

(e.) Award to be made, &c. 
(<{«) Award municipality charge. 



1. Land, Ac., for bridges, how acquired, 
(a.) Sorrey to be made and tiled. 
i^.) Wanlen may agree, otherwise arbltra- 
tion. 



Be it enacted by the Governor, Council, and Assembly, 
as follows : — 

1. Ajs to all bridges that are#now erected, being erected, Lands, te., tot 
or hereafter to be erected, under the provisions of the Act qJ^S!* ^^^^'^ "^ 
hereby amended and Acts in amendment of such Act, upon 
new sites or situations, the land and the property required 
12 



178 49 Via CHAPTER 52. 1886. 

for the approaches, roads, and otber rcquirenrents of said 
bridges^ and access thereto, shall be acquired in the follow^ 
ing manner :^-^ 

^*y*<>.^ (a.) A survey of the land so required shall be made by 
the provincial engineer or under his direction, and a plan 
and description of the lands so surveyed shall be filed in 
the registry of deeds for the county where such lands lie^ 
and a copy of such plan and description shall be served on 
the owner, proprietor, or lessee of such lands, if known, and 
the same shall operate as dedication to the public of such 
lands. 

Warden may (ft.) The Warden of the municipality may make an 

TOT'arbiirM agreement with the owner or proprietor of the lands so 
*^^* taken, as to the damages to be paid for said lands. If na 

agreement can be effected the said warden shall appoint one 
arbitrator, the owner or proprietor shall appoint another 
arbitrator, and the Governor^in-Council shall appoint a 
third arbitrator. If the owner or proprietor shall faif 
within ten days after notice to him, to name such arbitrator^ 
two justices of the peace shall have power to appoint the 
same. 

mSr^iS^ (c.) The arbitrator so appointed shall go on the lands 

so taken, and appraise the damages to be paid to the 
owner or proprietor thereof } any two of said arbitrators can 
make such award. 

Award jnunjci- (d.) The award so made and filed with the clerk of 

*" " '"*" the municipality wherein such lands lie, shall be a eharge 

on such municipality, and be levied and collected like any 

other municipal assessment and paid over to the owner or 

proprietor of such lands. 



CHAPTER 62. 

An Act to amend the Act relating to the Expenditure 
of Provincial Road and Bridge Grants. 

(PMwed the llfh day of May, A. D. 188».) 
AktIon k^SMtion 10, Chapter 46, R«vlMd Statutoe, amelidett 

Be it enacted by the Governor, Council, and issempbly^ 
as follows :— 

Seotion 10, cap. 1. Scction 10 of chapter 46 of the Revised Statutes, 

S'''®*'*^ 5th series, •^Of the expenditure of provincial road and bridge 

grants/^ is hereby amended by inserting after the word 

*' municipality,^ in the 7th line thereof/ the word» " in 



paliiy charge. 



\ 



$ 



1886. tJHAPTER 53. 49 Vic. 179 

daplieate,^' and by striking out all the words thereafter to 
the word '' secretary/' in the 8th line thereof, and adding 
the words "a copy of which accounts, contracts, and 
voQcherS) shaU be transmitted to the provincial secretary^ 
and the other shall be filed in the office of the treasurer, 
open to the inspection of any rate'^payers of the municipality 
free of charge. 

CHAPrER 53, 

An Act to remove donbts us to the eligibiKtj^ of certain 
classes of persons for election as Municipal and 
Town CounciUors. 



(^aned the llth <Uy 6i Hay, A. D. 1886.0 



Preain^te. 



L InterdicUd drankArd ineligible. 

2. KlecCtota to be declared Mallaiid tofd. 



Sktiox. 

S. Pereons elected to hold office, ko. 
4. Pending suite not.alfected. 



Whereas, doubts have arisen as to the eligibility of ^wwnwe. 
persons who have been interdicted as habitual drunkards, 
to be elected and setVe as members of mtinicipal and town 
^nncils, and it is desirable to remove such doubts, and to 
provide for cases in which such persons have been elected 
«9 such nniinicipai or town councitlors ; 

Be it therefore enacted by the Governor, Council, and 
Assembly, as follows : — 

1. No person who has been interdicted as a b^^iftual interdicted 
drunkard under the provisions of chapter 24 of the'Afcts ofh^u^uJ, 
1875, or any Act in amendment thereof, or of chapter 97 of 

the Revised Statutes, is or shall be eligible or qualified to "^ 
be elected, or to sit, or vote, or serve as a member of any 
iDQoicipal or town cocrncii, nntil after the removal 'of such 
interdict in the manner by law provided. 

2. In any case in which a person so interdicted I^as?^?*!j3*^-Jj 
been elected as a member <»f such mtinicipal or town and void, 
council, the council shall by resolution, declare such election 

null and void, and shall declare the office vacant, and shall 
lippoint a time and place, not less than fifteen days after 
the passing of such resolution, for holding an election to 
*8upply the vacancy, which shall be conducted as to nomina- 
tions, ballot papers, officers, declaration, and in every other 
respect as far as may be, in the same manner as the regular 
annual elections. 

3. The person declared to be elected by the presiding Pcrsoneiectei 
t)fficer at such election held 4n pursuance of such resolution, JSj.**^*^ *****^' 
?ball hold office for the period for which such interdicted 



180 



49 Via 



CHAPTER 54. 



I88ff. 



person would have been entitled to hold oflSfce if not so dis- 
qualified, but nothing herein contained shall prevent the 
person so declared to be disqualified from testing the 
validity of the resolution so passed, or the right of the 
person elected to fill such vacancy on the ground that no 
snch interdict existed or that the same had been removed. 

All acts and proceedings of any municipal or town 
council in which a person interdicted as aforesaid, may 
have sat, or voted^ if otherwise rej^ular and valid, are 
hereby declared valid, notwithstanding such person sa 
interdicted may have sat or voted in such council, and 
notwithstanding such person may have been one of the 
members constituting, or required to constitute the quorun^ 
of such body, or may have been one of the councillors by 
or upon whose vote such acts or proceedings were done or 
taken. 

Pending: «uitt 4. Nothinsf in this Act contained shall have any effect 

Bot affected. . ° . i . i • t 

upon any suit or action at law or m equity pending at the 
time of the passing of this Act, 



CHAPTER 64. 

An Act to provide for the Kegistratfon of Horses for 
breeding purposes. 

0>MMd Ut nth 4t,j of Miqr, A. D, 1886.) 



StCTMW., ^ 

1 . fMUflcate of stud bono to be recorded. 

2. 4flifAvittobeeBteredftndfe«th«refMr, 



SMTlOff. 

8. Penalty on owner fof fiolatioa. 



Certificate of 
stud horse to 
be reeordedr 



Be it enacted by the Governor, Council, and Assembly^ 
as follows : — 

1. The owner of every horse which is standing or 
travelling for stud service, shall place on record in the office 
of the registrar of deeds in each municipality included in 
the route of travel, a pedigree of such horse so far as known, 
and certified if possible ; and also a general description of 
such horse, giving name, height, weight, color, distinguish- 
ing marks and general characteristics, by affidavit before a 
justice of the peace. 

Affidavit to be 2. The registrar of deeds of each municipality shall 
thirltof.*"* '**be required to receive and enter such affidavit in a book to 

be kept for the purpose, and shall receive a fee of fifty 

cents for each entry. 

Penalty on 3. For every violation of the regulation in the first 

^kSSuonf section hereof, the owner or agent shall forfeit the sum of 
eight dollars. 



1886. CHAPTERS 55— 5a 4d Via 1«1 

CHAPTER 55. 
An Act respecting the claim of Charles C. Gregory, 

(PMwd the lltb d«7 of Hay, A. D. 1886.) 

tKTlOS. I SICTI05. 

L GoTcnunent anfhociiad to pay. | 2. Sum required may be borrowed. 

Be it enacted by the Governor, Council, and Assembly, 
as follows : — 

1. The Governor-in-Council is hereby authorized to Government 
pay to Charles G Gregory such sum as may be found due to*p^^*®** 
and unpaid to the said Charles C. Giegory by the Govern- 

fnent of Nova Scotia, under the provisions of the agreement 
entered into on the 4th day of April, 1880, between the 
Government of Nova Scotia and the Halifax and Cape Breton 
Hallway and Coal Company, or under the provisions of the 
agreement made on the 6th day of June, 1883, between the 
«me parties. 

2. The sum required to make such payment may be s«m '^^J^ 
borrowed from any bank, and remain as a floating debt^ed.* 
until otherwise provided for, and the power of the Governor- 
in-Council to borrow moneys for the public service is hereby 
extended so far as may be necessary to raise the money 
required for ftuch payment to Charles C. Gregory. 



CHAPTER 56. 

An Act coDcerniog the collection of freight and wharfage, 
and warehouse charges. 

<P»eeed tbe Uth dny <M Haj, A.». ISM.) 



Sicntff. 

1. Beteltion of terme in aot. 

1 lien on irood« for freifrht. 

1 lieo for freight, bow diacharifed. 

4. Owner may deposit sum of money. 

5. If deposit made, without ooUce. 

6. If di^poelC made, with notice. 



SacneN. 

7. Goods may he sold to safisfy charges. 

8. Sale notified by advertisement. 

9. Goods liable to rent, Slc. 

10. Proceeds of sale, how applied. 

11. Wharf or warehouse owner's liability. 

12. Fees and charges as in schedule. 



Be it enacted by the Governor, Council, and Assembly, 
as follows : — 

1. The following terms used in this Act shall have ^h^^J^^'n^^cu 
respective meanings hereby assigned to them, if not incon- 
sistent with the context or subject matter, that is to say : 

The word "goods" shall include every description of 
wares and merchandize^ 



182 49 Vic. CHAPTER 56: 1886. 

The word " wharf " shall include all wharves, quays^ 
docks and premises in or upon which any goods when 
landed or delivered from ships or other modes of convey- 
ance may be placed. 

The expression " wharf owner " shall mean the occupier 
of any wharf as herein defined. 

The word " warehouse " shall include all warehouses^ 
buildings and premises in which goods when landed or 
delivered from ships or other modes of conveyance, may be 
placed. 

The expression " warehouse owner " shall mean the 
occupier of any warehouse, as hereinbefore defined. 

The word "* ship-owner "^ shall include the roaster of the- 
ship and every other person authorized to aet as agent for 
the owner or entitled to receive the freight, demurrage, or 
other charges payable in respect of such ship. 

The word "carrier** shall include every other person, 
avithorized to act as agent for the earrier, or entitled to 
receive the freight or other charges payable in respect of 
goods when conveyed otherwise than in ships. 

The expression "owner of goods** shall include every 
person who is for the time being entitled, either as owner 
or agent for the owner, to the possession of the gooda 
subject in the ease of a lien, if any, to such lien. 

u«nonro«ife 2. If, at the time when any goods are landed or 

fof ircig t. delivered and placed in the custody af any person as a 
wharf or warehouse owner, the ship owner or carrier gives 
to the wharf or warehouse owner notice in writing that the 
goods are to remain subject to a lien for freight or other 
charges payable to the ship-owner or carrier to an amount 
to be mentioned in such notice, the goods aforesaid 
shall, in the hands of the wharf or warehouse owner, con* 
tinue liable to the same lien, if any, for such charges as 
they were subject to before such landing or delivery ; and 
the wharf or warehouse owner receiving such goods shall 
retain them until the lien is discharged^ as hereinafter 
mentioned, and shall, if be fail so to do» make good to the 
ship-owner or earrier any loss thereby occasioned to him. 

Li»n forfrtigtj. 3, Upon the production to the wharf or warehouse 

^^ owner of a receipt for the amount claimed as due, and 

delivery to the wharf or warehouse owner of a copy 

thereof or of a release of freight from the ship-owner or 

carrier, the said lien shall be discharged. 

Owner may 4, The owucr of the goods may deposit with the 

otuouB^*" wharf or warehouse owner^ a sum of money equal in 



188& CHAPTER 66- 49 Via 183 

aiDonnt to tbe Bum so claimed, as aforesaid, by the ship- 
owner or carrier, and thereupon the lien shall be discharged, 
but without prejudice to any other remedy which the ship- 
owner may bave for the recovery of the freight 

5. If such deposit as aforesaid is made with the wharf if deposit made, 
or warehouse owner, and the person malcing the same does ^'**°"' "®***^ 
not, within fifteen days after making it, give to the wharf 

or warehouse owner notice in writing to retain it, stating 
in such notice the sum, if any, which he admits to be 
payable to the ship-owner or carrier, or, as the case may be, 
that he does not admit any sum to be so payable, the 
wharf or i^arehouse owner may at the expiration of such 
fifteen days pay the sum so deposited over to the ship- 
owner or carrier, and shall by such payment be discharged 
from all liability in respect thereof. 

6. If such deposit as aforesaid is made with the wharf » deposit made. 
or warehouse owner, and the person making the same does ^^*** ■****®*' 
within fifteen days after making it give to the wharf or 
warehouse owner such notice in writing as aforesaid, the 

wharf or warehouse owner shall immediately apprize the 
ship-owner of such notice, and shall pay or tender to him 
out of the sum deposited the sum, if any, admitted by such 
notice to be payable, and shall retain the remainder or 
balance, or if no sum is admitted to be payable the whole 
of the sum deposited, for thirty days from the date of the 
said notice, and at the expiration of such thirty days, unless 
legal proceedings have in the meantime been instituted by ' 
the ship-owner or carrier against the owner of the goods, to 
recover the said balance, or sum, or otherwise, for the 
settlement of any disputes which may have arisen between 
them concerning such freight or the charges as aforesaid, 
and notice in writing of such proceedings has been served 
on him, the wharf or warehouse owner shall pay the said 
balance or sum over to the owner of the goods, and shall 
by such payment be discharged from all liability in respect 
tbereol ' 

7. If the lien is not discharged and no deposit is madeooode may be 
as hereinbefore mentioned, the wharf or warehouse owner JJlfj^^"****^ 
may, and if requirefl by the ship-owner or carrier, shall, at 

the expiration of ninety days from the time when the goods 
were placed in his custody, or if the goods are of a perish- 
able nature at such earlier period as he in his discretion 
thinks ^t, sell by public auction the said goods or so much 
thereof as may be necessary to satisfy the charges herein- 
after mentioned. 



184 49 Vic. CHAPTER 66. 1886- 

8jieiw«fl«dby 8. Before making such sale the wharf or warehouse 
owner shall give notice thereof, by advertisement in one 
newspaper, if any, published in the county where the goods 
are situate, and by handbills posted in five of the most 
public places in the neighborhood, and also if the address 
of the owner of th^ gooc*s is known to him give notice of 
the sale to such owner by registered letter sent by post 
prepaid to such address, but the title of a bona fide purchaser 
of such goods shall not be invalidated by reason of the 
omission to send notice as hereinbefore mentioned, nor 
shall any such purchaser be bound to inquire whether such 
notice has been sent. 

GoijiB ihkbie to 9. Whenever goods are placed in the custody of a 
wharf or warehouse owner, the said wharf or warehouse 
owner shall be entitled to a reasonable rent in respect of 
the same, and shall also have power from time to time at 
the expense of the owner of the goods, to do all such 
reasonable acts and labor as in the judgment of the said 
wharf or warehouse owner are necessary for the proper 
custody and preservation of .the said goods, and shall have 
a lien on the said goods for the said rent and expenses, and 
shall have the same remedy for enforcing such lien and 
collecting such rent and expenses by sale after advertisement 
and notice as are provided by sections 7 and 8 of this Act, 
and this Act shall be held to apply to the case of goods in 
the custody of such wharf or warehouse owner, before the 
passing as well as after the passing of this Act. 

Proceeds M sale. 10. In every covse of any such sale as aforesaid, the 
"^^^^ wharf, or warehouse owner shall apply the monies received 

from the sale as follows and in the following order : — 

1. In payment of the expenses of the sale. 

2. In the absence of any agreement Letween the wharf 
or warehouse owner, and the ship-owner or carrier^ con- 
cerning the priority of the respective charges, in payment of 
the rent, rates, and other charges due t6 the wharf or 
warehouse owner in respect of the said goods. 

3. In payment of the amount claimed by the ship- 
owner or carrier in respect of said goodf as due for freight 
or other charges. 

4. But in case of any agreement between the wharf or 
warehouse owner and the ship-owner or carrier, concerning 
the priority of their respective charges, then such charges 
shall have the priority according to the terms of such 
agreement. 



1886. CHAPTER 56. 49 Vic. 185 

5. In the abseDce of any claim made by any ship- 
owner or carrier for freight or other charges in respect of 
said goods, and when said sale is to enforce the lien 
mentioned in section 9, in payment of the rent, rates, and 
other charges due to the wharf or warehouse owner in 
respect of the said snoods, their proper custody and 
preservation ; and the surplus, if any, shall be paid to the 
owner of the goods. 

11. Nothing in this Act contained shall compel any whArforware. 
wharf or warehouse owner to take charge of any goods u^bSity?^"*^' 
which he would not be liable to take charge of if this Act 

had not passed, nor shall he be bound to see to the validity 
of any lien claimed by any ship-owner or carrier under this 
Act 

12. The fees and charges for wharfage accommodation Fees and chaiKes 
and dockage, under this Act, shall be as provided in the ** ^ «^«i»^«- 
schedule hereto annexed. 



RATES OF DOCKAGE AND WHARFAGE OF GOODS. 

At a general meeting of the proprietors of wharves in 
the city of Halifax, the following rates of dockage of 
vessels, wharfage of goods, and regulations respecting the 
sane, were agreed upon, the same to take effect on the first 
day of January, 1871 : — 

DOCKAQE. 

For vessels under 20 tons burthen 23 cents per day. 

from 20 to 30 tons 30 

" 30 to 40 " 40 

" 40 to 60 " 60 

" TiO to 70 " 60 " " 

" " 70 to 80 " 70 " 

" 80 to 90 " 80 

" 90 to 100 •' 90 

" 100 to 150 " 100 

Vessels not exceeding 150 tons, to increase 25 cents for 
every 60 tons. 

Regulationd. 

Dockage of vessels to be paid previous to leaving the 
wharf; light vessels to move for loaded ones, and all vessels 
to move if requested by the proprietor, unless actually 
^^gaged in loading or discharging cargo. Vessels lying in 
^^ outside berth to pay half dockage. No vessel to stop a 



186 49 Vic. CHAPTER 56. 1886. 

dock or extend fasts from one wharf to another, except in 
stress of weather, then to pay the same dockage as at the 
wharf she may lie at, and damages should any occur. 
Vessels making fast to a wharf to pay one day's dockage, 
unless it should be for the purpose of warping from one 
wharf to another, and not remaining over one hour. Vessels 
to be accountable for all damage arising from the want of 
proper and sufficient fenders and fasts, whereby the pro- 
prietor of the wharf may be injured. 

WHARFAGE OF GOODS. 

For puns rum, molasses and hdds. sugar 15 cents 

Tierces sugar and molasses 10 '* 

Boxes sugar 7 " 

Hhds. leaf tobacco 25 " 

Brls. fish flour, pork and beef, and all other mdse. 

in barrels 2 J " 

Pipes of wine or spirits 20 ** 

Hhds. do do 10 " 

Qtr. casks do do ^ 5 '* 

Dry fish, packed or loose, per qtl 2 " 

Boxes or drums do 2 " 

Half boxes 1 « 

Hemp, per ton 40 " 

Iron, copper, lead, chains, anchors, and all other 

articles of cast or wrought metals, (except 

stoves) per cwt 2 " 

Stoves, each 5 " 

Coils cordage, under 60 lbs 1 " 

Over 50 lbs. 2 cts., or per ton 40 " 

Wire rope and hawsers, per ton 40 ** 

Sawed lumber and scantlings, per M 25 ** 

Pipe stoves, per M 50 " 

Bricks, per M 40 " 

Hhds. staves and hoops, per M 30 " 

Salt, per hhd 4 " 

Hhds. lime 10 " 

Tierces do 5 " 

Bags or kegs nails not exceeding 1 cwt 2 " 

Halt barrels and firkins butter and other mdse. . 2 " 

Tubs of butter under 40 lbs 1 *' 

Bags bread, rice, salt, coffee, pimento, cocoa, &c, 

each 2 " 

Bales and cases mdse., dry goods, &c 10 '* 

Trusses, trunks and mats 5 " 

Chests tea 2^ " 

Half chests and boxes at proportionate rates . 



I • • « 



188& CHAPTER 56. 49 Vic. 187 



U 



Bozps boots and shoes not exceeding one bbl. bulk, 2^ 
For bhds. and crates earthenware and paints. ... 15 
Boxes soap, pipes, candles, spices, cases liquors, 

glass, &;c 2 '^ 

Boxes raisins and Digby herring ^ 1 " 

Halfs. and qtrs. in proportion 

Bundles brooms, rakes, scythe bandies, shovels, 

pans, forks, &c 2 ** 

Piano fortes, each 50 " 

Empty packages of all kinds to pay half rates. . 

Carriages, each ' 50 " 

Mowing machines 25 " 

Fish cask and barrel staves per M 20 '^ 

Hbds. and box shooks each • 2 *' 

Stone and earthen bottles, jars, pans, kc, per doz., 3 '* 

Laths and shingles per M 4 ** 

Tan, timber, lignumvitiB,/iye wood, logwood, &c, 

per ton 40 " 

Pjckets,perM 10 « 

Fire wood and bark per cord 15 ** 

Coal per chaldron 15 cents per ton 10 " 

Grain, roots and vegetables of all kinds per bushel, 1 " 

Cabbages per dozen 2 ** 

Hay and straw per ton 50 " 

Horses and neat cattle per head 20 *^ 

Calves, sheep and swine 4 " 

Hides, green and dry 2 " 

Sole leather, per side 1 ** 

Seal skins, per 100 50 " 

Gypsum, building stone, slates, gravel and ballast 

per ton 20 '* 

Gravel and sand per 100 bushels 50 *' 

All boxes and small packages not otherwise 

mentioned 1 '' 

Casks petroleum and other oils, each 5 " 

Bnndles chairs 2 " 

Tables and bedsteads 3 " 

Bureaus and sofas 5 " 

Articles not enumerated to pay in proportion to the 
above rates. 

Reg^ilat^ona. 

All merchandize shipped off a wharf to pay the same as 
for landing, excepting such as are taken out of one vessel 
and shipped directly on board of another, without being 
landed at the wharf, when each party shall be liable for 
one half the rates. All articles put upon a wharf to be at 
the risk of the owner of the goods, and not the proprietor 



188 



49 Vic. 



CHAPTER 57. 



1886. 



of the wharf; and if not removed in forty-eight hours to be 
subject to a repetition of the same wharfage €0$ in the first' 
instance, and so on for every forty-eight hours until thej 
shall be removed. 

Wharfage to be secured by the importers, exporters, 
agents, or consignees, otherwise the goods themselves to be 
accountable. 



CHAPTER 57. 



An Act to provide for the formation of Mutual Fire 
Insurance Companies. 

(Passod; he 11th day of May. A. D. 1886.) 



SlCTION. 

1. Meeting of freeholders in municipality. 
Meeting, how advertised and called. 
Proceedings, if 30 freeholders present. 
When 50 have signed subscription book. 
First meeting of company, now called. 
Proceedings at first meeting. 
Membership in companv. 
Meetings for election of directors. 
Report of company at annual meetings. 
Notices of meetings to be published. 
Number of votes limited. 
Election of directors by membeni 

present. 
Election to be by ballot. 
Proceedings when directors are equal. 

Suallflration of directors, &o. 
anager may be a director. 
Employe not eligible as director. 
Three directors to be a quorum. 
Director disagreeing to have dissent 

recorded. 
Vacancy on directory, how filled. 
If no election of directors held. 
General powers of directors. 
Directors may make rules, Ac 
Directors to manage funds, ke. 
May make arrangements to reinsure. 
Company may cancel policy. 
Members may withdraw from Co. 
Directors may invest Co.'s funds. 
Directors may issue debentures, &o. 
Policies not to exceed five years. 
Policies when not to issue. 
Policies for year may be renewed. 
Conditions on policy when null and 

void 
Company, what to insure, Ac 
Minunum rate of premium. 
Policies to be binding on company. 
Double insurance on property. 
Additional insurance when deemed 

assented to. 
If propel ty alienated policy void, &c. 
Proviso wbere riuk is greater, iK, 
Company may accept premium notes. 
Part payment of note may be de> 

manded. 
Premium notes to be assessed. 
If assessment be not promptly paid. 
Notice of assessment, what deemed 

■ufBclent. 



2. 
8. 
4. 
6. 

e. 

7. 

8. 

9. 
10. 
11. 
12. 

18. 
14. 

16. 
16. 
17. 
IS. 
19. 

». 
21. 
22. 
28. 
24. 
25. 
26. 
27. 
28. 
29. 
80. 
81. 
32. 
SS, 

94. 

35. 
86. 
87, 



89. 
40. 
41. 
42. 

48. 
44. 
46w 



SBonoH. 

46. Assessment to be proportionate. 

47. Assessment recoverable by suit. 

48. Prima facie evidence of assessment. 

49. Reserve fund may be formed. 

60. Premium note when given up. 

61. Policies only lisued on mutual prin- 

ciple. 

62. Losses payable in three months. 

63. Disputes settled by arbitration. 

64. Action not to be brought after year. 
66. Judgment against Co., in what cases. 
66. Defendant to have oosts in certain 



67. 

68. 
69. 

6a 

61. 
62. 
68. 
64. 
66. 
66. 
67. 
68. 
69. 

7a 

7L 
72. 

78. 
74. 
76. 

76. 
77. 
78. 
79. 
SO. 
81. 
-62. 
88. 
84. 



86. 
87. 

88. 
89. 
90. 
91. 



No execution until after 3 months. 
Evidence of Iom before whom taken. 
Board may retain premium, ko. 
Business n^ay be separated. 
Scale of risks. &a, for each branch. 
Members not liable for other branch. 
Expenses divided among branohes. 
Liahilily of members limited. 
Treasurer to give seourity. 
Present head offices, how changed. 
May hold lands for office purpoeesi 
Guarantee capital not to be raised. 
Statement hied with Prov. Secretary. 
Appointment of inspectors, Ao, 
Power of receiver determined. 
Court may appoint examiner. 
Statements nled with Prov. Secretary. 
Inspectors duties as to incorporation. 
Prov. Secretary may issue his certifl- 

cats, he. 
Fee for delivers of such certificate. 
Guarantee capital may be formed. 
Capital, how subscribed, Btc, 
Guarantee capital not withdrawn. 
Ouarant<« capital, how released. 
Stock capital may be raised. 
Allotment of shares, how made. 
Shares to be personal property. 
Shares may be forfeited to Co. 
license to be procured from Prov. 



Secretary. 

t profits and gains, how applied, 

>viso as to direotors ana shi 



Net 
Provl 

holders. 
Directors mav make by-laws. 
Company to keep books, ke. 
Co. may become joint stock Co. 
LiabUity of Co. last formed. 



share- 



Be it enacted by the Governor, Council, and Assembly, 
as follows : — 



188a CHAPTER 57. 49 Vic. 189 

1. Ten freeholders in any municipality may call a Meeting of free- 
meeting of the freeholders thereof to consult whether itc^^tt"^"""^^* 
be expedient to establish therein a fire insurance company 

upon the mutual principle. 

2. Such meetings shall be called by advertisement MettinK, how 
mentioning the time and place within the county in which ^^Jj"*^*°^ 

.the municipality may be situate, and the object of the 
meeting, and the said advertisement shall he published for 
three weeks in one or more of the newspapers published 
in said county. 

3. If thirty freeholders of such municipality are Proceedinp, if 
present at such meeting, and a majority of them determine JJJe'St!*^'" 
that it is expedient to establish a mutual fire insurance 
company, they may elect ^three persons from among them 

to open and keep a subscription book, in which the owners 
of property, movable or immovable, within the Province 
of Nova Scotia, may sign their names, and enter the sums 
for which they shall respectively bind themselves to effect 
msur&nces with the said company. 

4. Whenever fifty or more persons, being owners of when so hm 
movable or immovable property in the Province of Novajjfntook!^"^ 
Scotia, shall have signed their names in said subscription 

book, and bound themselves to effect insurances in said 
company which in the aggregate shall amount to one 
hundred thousand dollars at least, a meeting shall be called, 
as hereinafter provided. 

5. As soon as convenient after the subscription book Pint meeting of 
shall have been completed in manner aforesaid, any ten^^Su"^' ^^"^ 
of the subscribers thereto may call the first meeting of 

said company, at such time and place within the aforesaid 
municipality as they shall determine; such meeting shall 
be called by sending a printed notice by mail, addressed 
to each subscriber at his or her post office, at least ten 
days before the day of such meeting, and by advertisement 
in one or more papers published in the county in which 
the municipality is situated ; said notice and advertisement 
to contain the object of said meeting, and the time and 
place at which it shall be held. 

6. At such meeting, the name and style of the com- proceedingi at 
pany, including the appellations "fire" and " mutual," *"* °'"*^"»' 
shall be adopt^, and a secretary ad interim appointed, 

ftnd a board of not more than fifteen, nor less than five, 
directors shall be elected, and the place named in the 
municipality at which the head office of such company 



100 49 Via CHAPTER 57. 1886. 

shall be located ; and thereupon copies of the resolutions 
adopting such name or style, and the place of the head 
office of the company and of such subscription book, and 
the names of the directors elected^ and all such documents 
being certified as correct under the hands of the chairman 
and secretaryj shall be filed in the office of the registrar of 
the county, or riding of the county, within which the 
municipality is situate ; and upon the filing of said docu*^ . 
toents with such certificate, the several subscribers above 
named^ and all other persons thereafter effecting insurances 
therein, shall become members of the said company, and 
shall be a body corporate and politic by and under such 
name so adopted, and which shall not thereafter be 
changed ; and as soon after the aforesaid meeting as con-^ 
venient, the secretary ad interim shall call a meeting of 
the board of directors for the ejection of a president and 
vice-president from amongst themselves, for the appoint^ 
ment of a secretary, treasurer, or manager, and the 
transaction of such other business as may be brought 
before them. 

Membership in 7. The compauy may admit, as a member thereof, the 
«omp*ny. Qwncr of any property, movable or immovable, and may 
insure the same whether the owner thereof be or be not a 
freeholder ; and every person admitted a member of said 
company by such insurance shall be entitled to the like 
rights, and be subjected to the like liabilities, as other 
members of said company. 

GENERAL MEETINGS. 

teedjnKBtor ^* ^ meeting of the members for the election of 

SiSISiL**' directors shall be held in every year> within two months 
after the thirtyfirst day of December in each year, at such 
time and place as may be prescribed by the by-laws of the 
company. 

ttepoit of oom^ 9- At annual meetings^ in addition to the election of 
KeSiti»*"°"*^ directors, a report of the transactions of the company for 
the year which shall have ended on the previous thirty- 
first day of December, shall be presented and read, together 
with a full and unreserved statement of its affairs, 
exhibiting receipts and expenditures, assets and liabilities. 

»otioMofwee^ ^^' Notice of any annual or special meetings of the 

gjg» to be p^^ members of said company shall be published in one or 

more newspapers for at least two weeks previous to the 

day of such meeting; and the board of directors may 



directon. 



1886. CHAPTER 67. 49 Vlc. 191 

convene at any time a general meeting of the company 
upon any urgent occasion, giving notice therefor as herein 
provided. 

11. Each member of the company shall be entitled, at Number of yot«« 
all meetings of the company, to the number of votes pro- "™*^' 
portioned to the amount by him insured, according to the 
following rates, that is to say : For any sum under fifteen 
hundred dollars, one vote ; from fifteen hundred to three 
thou^nd dollars, two votes ; from three thousand dollars 
to six thousand dollars, three votes ; and one vote for every 
additional three thousand dollars ; but no member shall be 
entitled to vote while in arrear for any assessment or 
premium due by him to the company. 

ELfiCTlON OF BOARD OF DIRECTORS. 

IS. The election of directors shall be held and made election oi di< 
by such members of the company as shall attend for that JJJJJ^^^^™*"** 
purpose in their own proper persons. 

13. The election of directors shall be by ballot Election tob« 

by baUot. 

14. If at any such election two or more members have Proceedinfcs 
an equal number of votes, in such manner that a less J'^*2quL?*°'* 
Dumber of persons than the whole number to be elected 

appear to have been chosen directors by a majority of 
votes, then the said members of the company shall proceed 
to elect by ballot, until it is determined which of the 
persons so having an equal number of votes, shall be the 
director or directors, so as to complete the whole number 
o! directors to be elected ; and the directors shall at their 
first meeting after any such election, proceed to elect by 
ballot among themselves a president and vice-president, 
and at such election the secretary shall preside. 

15. The directors shall be members of the company, Qu&iiUcatioti oi 
and insurers therein, for the time they hold office, lo the ^^'^^^^^^i *«• 
amount of eight hundred dollars at least. 

16. The manager of any mutual insurance company M«nftffertn*yb« 
way be a director of such company, and may be paid an*^*"'*^'' 
wnual salary, but only under a by-law of the said 

company. 

17. No agent or paid officer, or person In the employ Employe not 
"ientof any such company, other than the manager, shall Je5!^i**"**' 
beelipble to be elect^ a director, or shall be allowed to 
"iterfere in the election of directors for such company. 



192 49 Vic. CHAPTER 67. 1886, 

Throe directors 18. Three directors shall constitute a quorum for the 
* *'"*^™"' transaction of business ; and in case of an equality of votes 
at any meeting of the board, the question shall pass in 
the negative. 

Director difl- 19. Any dircctof disagreeing with the majority of the 

SI^*diient board at any meeting, may have his dissent recorded, with 
recorded. hig rcasons thcrcfor. 

Vacancy on di. 20. If any vacancy happen among the directors during 

rectory, bow ^^te term for which they may have been elected, by death, 
resignation, ceasing to have the necessary qualification 
under the fifteenth section of this Act, insolvency, or by 
being absent without previous leave of the board from the 
board for three regular meetings in succession, which shall 
" ipso facto" create such vacancy, such vacancy shall be 
filled up for the remainder of the term by any person 
duly qualified to be nominated by a majority of the remain- 
ing directors, and as soon as may be after the vacancy 
occurs. 

If no election of 21. In casc an election of directors be not made on 
directonheid ^]^q jj^y q^ which it ought to have been made, the company 
shall not for that cause be dissolved, but the elecMon may 
be held on any subsequent day, at a meeting to be called 
by the directors, or as otherwise provided by the by-laws 
of the company, and in such case the directors shall con- 
tinue to hold office till their successors are elected. 



GENERAL POWERS OP THE BOARD OF DIRECTORS. 

General powen 22. The board may from time to time appoint a 
of directort. manager, secretary, treasurer, and such other officeis, agents, 
or assistants as to them may seem necessary ; prescribe 
their duties, fix their compensations or allowances, take 
such security from them as may be required by this Act 
for the faithful performance of their respective duties, and 
remove them and appoint others instead ; the board may 
also adopt a tariff of rates for insurance, and vary the 
same from time to time, and determine the sum to be 
insured on any property ; they may hold their meetings 
monthly, or oftener if necessary, for transacting the busi- 
ness of the company ; and they shall keep a record of their 
proceedings. 

Directors miy 23. The board of directors may, from time to time, 

m«keruiet,&c. make and prescribe such by-laws as to them may appear 

needful and proper respecting the funds and property of 



188fi. CHAPTER 57- 49 Vic. 198 

the company, tbe duty of the officers, agents and assistants 
thereof, the effectual carrying out of the objects contem- 
plated by this Act, the holding of the annual meeting, and 
all such other matters as appertain to the business of the 
company, and are not contrary to law, and may from time 
to time alter and amend the said by-laws, except in cases 
with regard to which it is provided that any such by-laws 
shall not be repealed, or where such repeal would affect 
the rights of others than the members of the company, in 
any of which cases such by-law shall not be repealed. 
Every by-law of the board shall be duly entered on the 
minutes, and when confirmed at any subsequent meeting 
of the members shall be held to be and have the same 
force and effect as a by-law of the company. 

24. The board of directors shall superintend and have ixrecton to 
the management of the funds and property of the company, JES******""^ 
and of all matters relating thereto and not otherwise 
provided for. 

25. The board of directors may make arrangements**^ "»>'•»'• 
With any mutual or other insurance company for the r«-inmire. 
re-insurance of risks, on such conditions with respect to 

the payment of premiums thereon, as may be agreed 
between them. 

26. The company shall be at liberty to cancel any^JJ^y^ 
policy by giving to the insured notice to the effect that 

they have cancelled or will cancel the same by registered 
letter, signed by the secretary of the company, addressed 
and sent by mail, postage paid, to the post office address 
of the insured as given by him or her in the application 
for insurance, or subsequent writing to the company, or 
by giving to the insured personally notice in writing, 
signed by the secretary, or an officer or agent of the com- 
pany to such effect ; the party insured shall nevertheless 
be liable to pay his proportion of the losses and expenses 
of the company to the time of cancelling the policy, and 
on payment of his proportion of all asses^^ments then 
payable and to become payable in respect of losses and 
expenses sustained up to such period, shall be entitled to 
a return of his premium note or undertaking, and such 
portion of the premium paid by him as shall not have been 
absorbed by the losses and expenses of the company up to 
such period, and a condition to this effect shall be endorsed 
on the policy. 

27. Any member of such company may, with the M«aDj«ri may 
consent of the directors, withdraw therefrom upon suchco. ^^ " 
terms as the directors may require. 

13 



104 



49 Vic. 



CHAPTER 67. 



1886. 



DlnoCofi iDMj 
invest Oo.'i 
Imida. 



IMrMtoninay 
inne deben' 
tar«i, 4o4 



28. The board of directors of any soch company may 
invest the capital and funds of the cotapany in shares of 
any chartered bank having its head office in Nova Seortia, 
in mortgages on freehold real estate, municipal debentures, 
and the public securities of the Dominion or of this 
Province ; and may in the name of the company recover 
from any member of such company, in any court of com" 
petent jurisdiction, any premium or assessment upon his 
premium note payable by him. 

29. The board of directors of any such company may 
issue del)enture8 or promissory notes in favor of any person, 
firm, building society, banking or other company, for the 
loan of money, and may borrow money therefrom on such 
debentures or promissory notes for any term not exceeding 
twelve months, and on such conditions as they may think 
proper, and may renew the same from time to time for any 
such term, the whole of the assets, including premium notes 
of the company, being held liable to pay the same at 
maturity, but no such debenture or promissory note shall 
be for a less sum than one hundred dollars; and provided 
always all the debentures and promissory notes at any 
one time outstanding shall not exceed one^fourth of the 
amount remaining unpaid upon the same premium notes. 



POLICIES OF INSURANCE. 

toewSedfl^e 30.' The Company may issue policies of insurance for 

y«ara. any time not exceeding five years. 



PollolM wb«n 
not to iatu« 



31. No policy of insurance shall be issued by any such 
company until application shall have been made for 
insurance to the extent of one hundred thousand dollars al 
least, and approved of by the board. 

poudwfor jw 32. Any policy that may be issued for one year or any 
"^^'*'*^**' shorter period, may be renewed at the discretion of the 
board of directors by renewal receipts instead of policy, on 
the insured paying the required premiums or giving his 
premium note or undertaking, and any cash payment for 
renewal roust be made at the end of the year or other 
period for which the policy was granted, otherwise such 
policy will become null and void. 

83. Every condition endorsed upon or affecting any 
policy of insurance which shall be held by the court or 
judge before whom any question relating thereto shall be 
tried, not to be just and reasonable, shall be absolutely null 
and void. 



Oonditionton 
policy when 
DttU and YoUL 



18S6. C!HAl>TfiR 57. 49 tic. 195 

34. The company may insure dwelling houses, stores, company, what 

• 111 *^ft t. 1 1111* •* \. 3' to insure, Ac 

Tibops and other buRdrngs, houaehold ittrniture, merchandize, 
iuachiner3% live stock, farm produce and other ^commodities, 
"against damage or loss by fire or lightning, whether the 
samt happens by accident or any other means, except that 
"of design on the part of the insured, or by the invasion of 
«n enemy^ or by insurrection. 

35. The minimum rate to be char^^d or taken by any JJ*"pJ3Ji^** 
i»mpany for insuring first dass isolated non^hazardous 
property, shatl be not less than thirt3r'three and one-third 

^cents per centum per annum, and the minimum rate of insur- 
ance upon other property shall be increased relatively with 
the increased risk, according to the nature of such property. 

36. All policies of insurance issued by the board of S^STwJ^co^ 
•directors, sealed with the seal of the company, sigred by^any. 

the president or vice^presi'lent, and countersigned by the 
secretary or acting secretary, sha/ll be binding on the 
-company:; provided that any iraudulent misrepresentation 
^contained in the application therefor, or any false staN^ement 
respecting the tide or x)wnership of the applicant or his 
circumstances, or the concealment of any encumbrance on 
the insured property, ot on the land on which it may be 
situate, or the failure to notify the company of any change 
in the title or ownership of the insured property, and to 
obtain the written consent of the company thereto, shall 
render the policy void, and no clanm for loss shall be 
recoverable thereunder unless the board of directors in their 
discretion shall see fit to waive the defect. 

37. If an insurance subsists by the act or with the Double insur- 
knowledge of the insured in the company and in any other JSrty.^" ^'^ 
tyffice at the same time, the insurance in the company shall 

be void unless the double insurance subsists with the con^ 
sent of the directors, signified by endorsement on the policy, 
signed by the secretary or other officer authorized to do so, 
t>r otherwise acknowledged in writing. 

38. Whenever notification in writing shall have been Additiomd in- 
received by a company from an application for insurance or deemed as- 
from a person already insured, of his intention to insure or**"*®***®' 

of his having insured an additional sum on the same pro- 
perty in some other company, the said additional insurance 
shall be deemed to be assented to unless the company so 
notified shall, within two weeks after the receipt of such 
notice, signify to the party in writing their dissent, and in 
•case of dissent the liability of the insured on the premium 
note or undertaking shall cease from the date of such 



196 49 Vic. CHAPTER 67. 1880. 

dissent on account of any loss that may occar to such com- 
pany thereafter, and the policy of the assured shall be void, 
at the option of the directors of the cooipany. 

ifprMjertyaii. 39. In case any property, real or personal, be alienated 
vSu, Ac^*^'^' by sale, insolvency, or otherwise, the policy shall be void, 
and shall be surrendered to the directors of the company 
to be cancelled, and thereupon the assured shall be entitled 
to receive his deposit note or notes upon payment of his 
proportion of all losses and expenses which had accrued 
prior to such surrender^ but the assignee may have the 
policy transferred to him, and upon application to the 
directors such assignee, on giving proper security to their 
satisfaction for such portion of the deposit or premium 
note or undertaking as remains unpaid, and with their 
consent within thirty days next after such alienation, may 
have the policy ratified and confirmed to him, and by such 
ratification and confirmation said assignee shall be entitled 
to all the rights and privileges, and be subject to all the 
liabilities and conditions, to which the original party 
insured was entitled and subject; provided, however, that 
in cases where the assignee is a mortgagee, the directors 
may permit the policy to remain in force, and to be trans- 
ferred to him by way of additional security, without requir- 
ing any premium note or undertaking from such assignee, 
or his becoming in any manner personally liable for 
premiums or otherwise ; but in such cases the premium 
note or undertaking and liability of the mortgagor in 
respect thereof shall continue in no wise affected. 

£rir™lter ^" ^^ ^^y *^' aeration be made in any house or building 
Ac. * insured by the proprietor thereof, or if the risk on any 

house or building or other property insured be increased 
by any means whatever, after the insurance has been made 
thereon with the company, whereby it is exposed to 
greater risk or hazard from fire than it was when insurance 
was effected, the insurance thereon shall be void, unless 
previous notice thereof be given in writing, and the requisite 
additional premium note or deposit after such alteration be 
given or paid to the directors; but no alterations or repairs 
in buildings not increasing such risk or hazard, shall affect 
the insurance previously made thereon. 

PRBMIUM NOTES AND ASSESSMENTS. 

Oompftny mty 41. The company may accept premium notes or the 

MMptpf«iniuiii |in(Jertaking of the insured for insurances, and may issue 

policies thereon, said notes or undertakings to be assessed 

for the losses and expenses of the company in manner 

hereinafter provided. 



1886. CHAPTER 67, 49 Vic. 197 

42. The directors may demand a part or first payment of Part payntent of 
the premiam note or undertaking at the time that applica- Cuuided^^* ^^ 
tion for insurance is made, and such first payment may be 

in cash or by proosissory note, and may be credited upon 
said premium note or undertaking, or against future 
assessmenta 

43. All premium notes or undertakings belonging to Premium notea 
the company shall be assessed under the direction of the*****"******* 
board of directors, at such intervals from their respective 

dates, for such sums, as the directors shall determine, and 
for such further sums as they may think necessary to meet 
the losses and other expenditures of said company during 
the currency of the policies for which said notes or under- 
takingft were given, and in respect to which they are liable 
to assessment; and every member of the company or person 
who has given a premium note or undertaking shall pay 
the sums from time to time payable by him to the company 
during the continuance of his policy, in accordance with 
such assessment; and any such assessment shall become 
payable in thirty days after notice of such assessment shall 
be mailed to such member or person who has given the 
premium note or undertaking, directed to his post office 
address as given in his original application or in writing to 
the secretary of the company. 



44. If the assessment on the premium note or under- « 
taking upon any policy be not paid within thirty days after lyjiad.^"*"^*" 
the day on which the said assessment shall have become 

due, the policy of insurance for which such assessment shall 
have been made shall be null and void as respects all claim 
for losses occurring during the time for such non-payment; 
provided always that the said policy shall be revived when 
such assessment shall have been paid, unless the secretary 
give notice to the contrary to the assessed party in the 
manner as in this Act provided ; but nothing shall relieve 
the assured {larty from his liability to pay such assessment 
or any subsequent assessments, nor shall such assured 
party be entitled to recover the amount of any loss or 
damage which may happen to property insured under 
such policy while such assessment shall remain due and 
unpaid, unless the board of directors in their discretion 
shall decide otherwise. 

45. A notice of assessment upon any premium note or^otioe of as- 
undertaking, mailed as aforesaid, shall be deemed sufficient ^^^^*^^^f 
if it embody the number of the policy, the period overrent. 
which the assessment extends, the amount of the assesa- 

me&ty the time when and the place where payable. 



198 



49 Vic. 



CHAPTER ST. 



1886; 



Aasesnnenk re- 
coverable by 
•uit. 



AaseMinenttobe 4C. The assessment upon premium notes or under- 
proportionate, ^j^jj^gg g|j^]| aj^ajs be in proportion to the amount of said 
notes or undertakings, having regard to the branch or- 
department to which their policies respectivelj a^^ertain. 

47. If any member or other person who has given a 
premium note or undertaking shal)^ for thirty days after 
J notice of assessment shal) nave been mailed to him m 

manner aforesaid, neglect or refuse to pay Faid assessment,, 
the company may sue for and recover the same with cost& 
of suit, and such proceedings shall not be a waiver of any 
forfeiture incurred by such non*payment. 

Prima fade evi- 48, Whenever any assessment is made on any premium 

dence of aaseas- . j*^!*- ^ai i**^ •! 

ment. note or undertaking, given to the company for any risk 

taken by the company, or as a consideration for any policy 
of insurance issued,, or to be issued by the company, and an 
action is brought to recover such assessment, the certificate 
of the secretary of the company specifying such assessment^ 
and the amount due to the company on such note or under-, 
taking by means thereof, shall be taken and received as. 
prima facie evidence thereof in any court in this province. 



Reserve funtf 
aiay be formed. 



49. The company may form a reserve fund, to consist 
of all moneys which shall remain on hand at the end of 
each year, after payment of the ordinary expenses and 
losses of the said company ; and for that purpose the board 
of directors may levy an annual assessment not exceeding^ 
ten per centum on the premium notes or undertakings held 
by said company ; and such reserve fund may from time ta 
time be applied by the directors to pay ofi such liabiKtiea 
of the company as may not be provided for out of the 
ordinary receipts for the same or any succeeding year^ 
provided that such reserve fund shall be invested either in 
debentures or other securities of the Dominion of Canada^ 
or of this province, or in municipal debentures, or may 
remain in a chartered bank of Nova Scotia on deposit ai 
interest. 

Premium Bote 50. Forty days after the expiration of the term of 
venup. ijjgupance, the premium note or undertaking given for such 
insurance, shall on application therefor be given up to the 
signer thereof, provided all losses and expenses with which 
said note or undertaking may be chargeable shall have been 
paid. 

poiioiee aniy ts- 51. Any mutual fire insurance company to be incor^ 
prh?cip?e " "*"* porated under this Act shall not issue policies otherwise 
than upon the mutual principle^ 



188e. CHAPTER 67. 49 Vic. 199 

PAYMENT OF LOSSES. 

52. In case of any loss or damage by fire happening to LoaiM paymbi* 
any member upon property insured with the company, such*"*'*'**™*"**** 
member shall give notice thereof to the secretary of the 
company forthwith, and the proofs, declarations, evidences 
and examinations, called for by or under the policy, must 
be furnished to the company within thirty days after said 
loss, and upon receipt of notice and proofs of claim as afore- 
said, the board of directors shall ascertain and determine 
the amount of such loss or damage, and such amount shall 
be payable in three months after the receipt by the com- 
pany of such proofs. 



53. If the party be not satisfied with the determination Disputes 
of the board of directors, all questions as to the value of **^ *'****'***•"• 
property damaged or destroyed may be submitted to three 
disinterested persons as referees, one of whom shall be 

named by the board, and one by the suffering party, and the 
third by the two referees, or, on their failing to agree in 
their choice, by the county court judge in the district in 
which the loss may have taken place, and the decision or 
award of a majority of them shall be binding. 

54. No action or suit either at law or in equity shall Ae^oa aot to 
be brought against such company upon any policy or con-yearr* 

tract of insurance granted or entered into by such company^ 
after the lapse of one year next after the happening of the 
loss or damage in respect of which such action or suit is 
brought, saving in all cases the right of parties under legal 
disability; and all policies to be issued by such company 
shall have a condition to this efiect endorsed thereon. 

55. If upon the trial of such action a greater sum be judgment 
recovered than the amount determined upon by the^f^^*** 
directors, the party suffering shall have judgment therefor 
against the company, with interest thereon from the time 

SQch loss or damage would become payable under section 
fifty-three of this Act, with costs of suit. 

56. If no more be recovered than the amount so D«fendAnt to 
previously determined upon by the directors, the plaintiff^^^jJ^'JJJ^ 
in the suit shall have judgment for such amount only, and 

he shall not be entitled to costs against the defendants, and 
the defendants shall be entitled to co8t.s against the 
plaintiff, as in the case of a verdict for the defendant. 

57. No execution shall issue against the company upon no execution 
any judgment until after the expiration of three months ""'^^^jjf*"^ • 
from the recovery thereof. 



200 



49 Vic. 



CHAPTER 57. 



1886. 



Evidenoeof loss 58. Any justice of the peace, or any one having lawful 
before whom ^^g^uthQi-j^jy ^q administer an oath or affirmation in any legal 
proceedin^T, may examine on oath or solemn affirmation any 
party or person who comes before him to give evidence 
touching any loss by fire in which any mutual insurance 
company is interested, and may administer any oath or 
affirmation required under this Act. 

59. If there be an)- loss on property insured by the 
company, the board of directors may retain the amount of 
the premium note or undertaking given for insurance 
thereof until the time has expired for which insurance has 
been made, and at the expiration of said time the insured 
shall have the right to demand and receive such part of 
the retained sum as has not been assessed for. 



Boerd nay re- 
tein premium, 

&0. 



BRANCHES OR DEPARTMENTS. 



^J2«L^^ ^^- -^"y Da'Jtual company may separate its business 
into branches or departments with reference to the nature 
or classification of the risks of the localities in which 
insurances may be effected. 

61. The directors of every such company so separating 
its business shall make a scale of risks and tariff of rates 
for each branch, and direct that the accounts of each shall 
be kept separate and distinct the one from the other. 

J5^J7oroto« 62. Members of any such company insuring in one 
branch. branch shall not be liable for claims on any other branch. 



Scale of risks, 
in., tor each 
branch. 



Expenses di- 
vided among 
branches. 



63. All necessary expenses incurred in the conducting 
and management of such companies shall be assessed upon 
and divided l)etween the several branches in such propor- 
tion as the directors may determine. 



MISCELLANEOUS PROVISIONS. 



liabUity of 

members 

Umited. 



Treasurer to 
give seonrity. 



64. No member of any mutual insurance company to 
which this Act may apply shall be liable in respect of any 
loss or other claim or demand against the company^ other- 
wise than upon and to the extent of the amount unpaid 
upon his premium note or undertaking. 

65. The treasurer or other officer having charge of the 
money of the company shall give security to the satis- 
faction of the board of directors in a sum of not less than 
two thousand dollars, for the faithful discharge of his 
duties. 



1886. CHAPTER 57. 49 Vic. 201 

66. The present location of head offices of companies PrawnthMd 
in existence, and the original location of head offices of ohi^«d. 
companies hereafter to l>e formed, shall only be changed 

by a two-third vote of the members of the company, at a 
special meeting called for that purpose. 

67. Every mutual insurance company may hold lands, May hold luida 
but such lands only as are requisite for the accommodation^!^ ^^'^ 
of the company in relation to the transaction of their busi- 
ness, or such lands as have been bona fide mortgaged to 

them by way of security, or conveyed to them in satisfac- 
tion of debts contracted in the course of their dealings 
previously to such conveyance, or purchased at sales upon 
judgments obtained for such debts, and may from time to 
time sell and convey or lease any such lands. 

68. No guarantee capital or fund shall be raised by ouarutee cmDi- 
any company to which this Act is applicable, except asraiMdL 
hereinafter mentioned, nor shall any such company contract 

with any director or officer thereof, for any loan or borrow- 
ing of money or credit, and every such attempted loan or 
borrowing is hereby prohibited and declared void. 

69. It shall be the duty of the president or ™a'n«*er,J*|^jjJ^ 
and secretary of each mutual fire insurance company incor- craury. 
porated under this Act, and transacting the business of fire 
msurance in this province, annually on the first day of 
January, or within one month thereafter, to prepare and 

deposit in the office of the Provincial Secretary of this 
province, a statement verified by their own oath, of the 
condition of such company on the thirty-first day of 
December then next preceding, exhibiting the following 
facts and items in the following form, namely : — 

First, — Tlie assets of the company, specifying 

1. The value of real estate ; 

2. The amount of cash on hand and deposited in banks 
to the credit of the company, naming the banks and amount 
in each ; 

3. The amount of cash in company's office and in agents 
hands respectively ; 

4. The amount of any loans or investments, and the 
nature of the security held therefor, in detail, and what if 
any payment in arrear thereon ; 

5. The amount of assessments on premium notes or 
undertakings unpaid ; ^ 



202 49 Vic, CHAPTER 67, 1886. 

6. The amount still payable upon premium notes or 
undertakings on hand ; 

7. Other amounts due the company. 

Second, — The liability of the company, specifying 

1. The amount of losses due and yet unpaid ; 

2. The amount of claims for losses resisted ; 

3. The amount of losses incurred during the year, 
including those claimed but not adjusted ; 

4. The amount payable for money borrowed, and 
security given, and interest payable ; 

5. The amount of all other existing claims against the 
company ; 

6. The amount covered by policies in force in respect 
of each class of risk. 

Third, — The income of the company for the preceding 
year, specifying . 

1. The amount of cash received on premium notes ; 

2. The amount of premium notes or undertakings; 

3. The amount of interest received ; 

4. The amount of income from all other sources. 

Fourth, — The expenditure during the preceding year, 
specifying 

1. The amount of losses paid during the }*ear, stating 
how much of the same accrued prior and how much sub^ 
sequent to the date of the preceding statement, and the 
amount at which such prior accrued losses were estimated 
in such preceding statement ; 

2. The amount of expenses paid during the year ; 

3. The amount of taxes ; 

4. The amount paid for re-insurance ; 

5. The amount of all other payments and expenditures, 
under their appropriate heads ; 

And any company shall further, when required, make 
prompt and explicit answer in reply to any inquiries in 
relation to its transactions which may be required by 
the Oovernor-in-Council. Any such mutual fire com* 
pany which fails to make and deposit such statement so 
verified, or to reply to such inquiry, its manager and 
secretary shall be subject, respectively, for each offence, to 
a fine or penalty of fifty dollars, to be recovered on behalf 



1886. CHAPTER 67. 49 Vic. 203 

of Her Majesty the Queen, for the use of this proviuce ; and 
it shall be the duty of the Provincial Secretary to publish a 
synopsis of such returns, as well as the names of such com* 
panics which have not made returns, in the Nova Scotia 
Gazette, on or before the first day of March in each year. 

70. The Govemor-in-Council whenever be shall deem Appointm«nt ot 
it expedient, may appoint any one or more qualified person^/"*'**'***^ *•* 
not being officers of any other fire insurance company, to 
examine into the affairs of any mutual fire insurance com- 
pany incorporated under this Act, or to which the 
provisions of this Act apply, and it shall be the duty of the 

officers or agents of any such company to cause their books 
to be opened for the inspection of the person or persons so 
appointed, and otherwise to facilitate such examinations ; 
and for that purpose such person or persons shall have 
power to examine under oath such officers and agents, and 
whenever it shall appear from such examination that the 
issets and financial position of such company are such as 
not to justify the continuance in business of any such com^ 
pany, the Attorney-Gkneral may apply in a summary 
manner, on motion, to the Supreme Court, for an order 
requiring such company to shew cause why the business of 
the company should not be closed ; and the court shall 
thereupon proceed to hear the allegations and proofs of the 
respective parties, and in case it shall appear to the satis^ 
faction of the court that the assets and funds of the com- 
pany are not sufficient as aforesaid, or that the interests of 
the public so require, the said court shall decree a dissolu* 
iion of said company's affairs, and may appoint a receiver, 
and take possession of, collect and get in the assets and * 
effects of the said company, and otherwise to wind up tho 
affairs thereof. 

71. Such receiver shall have full power under the pow«r ot r». 
authority of the court appointing him, to make all such^J^j/**^ 
assessments on the premium notes or undertakings held by 

the said company as may be necessary to pay its debts and 
elaims against it, as the directors would have authority to 
make, and the notice of assessment may be given in the 
same manner as is hereinbefore provided ; and the said 
receiver shall have the like rights and remedies upon and 
in consequence of the non-payment of such assessments as 
are given to the company or the directors thereof ; and 
such receiver may receive a surrender of any policy of said 
company, or cancel any policy in all cases where the 
directors are authorised to receive the surrender of op 
cancel policies. 



204 49 Vic. CHAPTER 57. 1886. 

Court may ap. 72. The court by which such receiver is appointed, 
point examiner. ^^^ ^|^^ upoii hls application examine by a reference or 
otherwi.se, as it may deem proper, into the proceedings and 
acts of said company, and if it shall appear upon such 
exannnation that the directors or officers of such company, 
or any of them have in any manner misapplied or impro- 
perly disposed of the funds, property or effects of such 
company, it shall be lawful for the court to order and 
decree that such person as may be found guilty of such 
misapplication or improper disposition, shall pay the 
amount thereof to such receiver, and to enforce such order 
or decree by the ordinary process of said court. 

Sith°Prov %^ ^^* When a mutual fire insurance company has been 
cretaiy."*^' *" formed under the provisions of this Act, and has filed 
in the registry of deeds office in the county in which it is 
situate, copies of the resolution and the subscription books 
and the names of the directors, under the provisions of 
section six of this Act, and before they shall transact or be 
entitled to transact any insurance business, the chairman 
and secretary shall also transmit or deliver like copies duly 
certified to by them to the Provincial Secretary in Halifax, 
accompanied by a statement signed by such chairman and 
secretary, of the kind and character of the risks intended 
to be taken by the company, that is to say, whether the 
business to be transacted is the insurance of farm and 
isolated buildings and property, or of commercial, manu- 
facturing and other hazardous and extra hazardous 
properties. 

inepeoton do- 74. Upou the receipt of such certified copies by the 
S^wnOiion!" Provincial Secretary, it shall be the duty of the inspector to 
ascertain whether the proceedings for the incorporation of 
such company have been taken in accordance with the 
provisions of this Act in that behalf, and whether the sub- 
scriptions are bona fide and by persons possessing property 
to insure, and may require the declaration of any person or 
persons upon oath to be filed with him, touching any 
matter concerning which he is called upon to make 
enquiry. 

Prov. seeretoiy 75. If upou such examination the inspector shall find 
^Siflcate^aEo!' that the provisions of this Act have been complied with, 
and that the subscriptions have been made in good faith by 
persons entitled to make the same, the inspector shall so 
certify to the Provincial Secretary the facts aforesaid. The 
Provincial Secretary may thereupon issue his certificate in 
duplicate under his hand and seal to the said company, 



1886. CHAPTER 67. 49 Vic. 205 

setting forth that it has been made to appear to him that 
they have become a body corporate and politic, by the 

name of Mutual Fire Insurance Company of , and 

that they have complied with the requisitions of this Act 
in that behalf, and that they will, from and after the filing 
of one of the duplicate copies of such certificate in the office 
of the registrar of deeds for the county in which the said 
company has been established is situate, be entitled to 
receive applications to issue policies of insurance and to 
transact all the business which a mutual fire insurance 
company formed under this Act may lawfully do in respect 
of that kind of business mentioned in their statement to the 
inspector. 

The inspector shall keep or file said papers so furnished 
to him, and shall keep a book in which shall be entered the 
name of the company, the statement delivered by the com- 
pany, and a copy of the Provincial Secretary's certificate. 

76. There shall be paid to the Provincial Secretary, upon Fee for delivery 
the delivery of any such certificate to the said company, the ^!"®** ~ 
&am of twenty dollars. 

GUARANTEE CAPITAL. 

77. Any mutual insurance company formed under this oj*»ntee capi- 
Act, may raise by subscription of its members or some of «d.™*^ *^*' 
them, or by the admission of new members, not persons 

insured in the company, or by loan or otherwise, a guarantee 
capital of any sum not less than twenty thousand dollars, 
Bor exceeding two,' hundred thousand dollars, which 
guarantee capital shall belong to such company, and be 
liable for all losses, debts and expenses of the company, 
and subscribers of such capital, shall, in respect thereof, 
have such rights as the directors of the company declare 
and fix by a by-law to be passed before such capital shall 
be subscribed, and unless such capital is paid oflf or dis- 
charged, such by-law shall not be repealed or altered with- 
out the consent of the majority of votes of shareholders, or 
ftahscribers of such capital who represent a majority of the 
shares subscribed, either personally or by proxy at a meet- 
ing held for that purpose by the holders of such capital, 
each shareholder or subscriber being entitled to a vote for 
every share of fifty dollars held by him. 

78. (1.) Such capital shall be subscribed by not less ^^j^**^ 
than ten persons, and no one person shall subscribe, or hold, te. 

or receive dividend, interest, or commission upon more than 
twenty per centum of such guarantee capital of said stock. 



S08 49 Vic. CHAPTER 57. 1886. 

The original list of the subscribers to such guarantee capital 
shall be transferred to and deposited with the Provincial 
Secretary of this province, and shall be held as security fot 
the payment of all losses and other" policy liabilities of such 
company. 

(2.) The company may from time to time» in accordance 
\^ith the provisions of any by^law on that behalf, require 
any portion of the subscribed guarantee capital to be paid 
over to the company for the purpose of settling any losses 
of the company ; any sums so advanced shall be repaid by 
the company within one year thereafter, from the proceeds 
of assessments Upon the premium notes liable to assessment 
for such purposes, and such assessments may be made from 
time to time by the company for the purpose of repaying 
such advances. 

Qtu^yutee 70. Such guarantee capital, or any part thereof^ shall 

^Swri^n* ^^^ ^ withdrawn until the premium notes held by such 
company for insurance actually in force shall amount to 
three per centum of the amount of property covered by 
policies in the company^ nor Until one year's notice shall 
have been given to the inspector, stating the intention to 
withdraw the same. Whenever the premium notes held by 
such company shall have reached the above amount, the 
president and secretary, or the directors of the company^ 
may file a certificate, under oath, with the inspector, stat-^ 
ing that the company holds premium notes of the amount 
and kind aforesaid^ and publish a copy of said certificate, 
once a week or oftener, for at least four weeks, in some 
newspaper published in the county jwhere such company 
has its principal office, and two newspapers in Halifax. 

OnftrantM oftpj. 60. When the company shall have filed such certificate 

Km^I Hrtwv i<iljiimjul 

' and also proof of such publication, with the inspector, the 
latter shall make or cause an examination to be made, and if 
he shall find that the company has the above amount of 
premium notes of the kind and character aforesaid, and is 
in a sound and solvent condition) he shall report the same 
to the Provincial Secretary, who may give such a company 
a certificate, discharging said fund from all its obligations 
and liabilities, upon which said fund shall be surrendered 
to the parties depositing or entitled to receive the same, 
and they may be discharged from their obligations as such 
guarantor as aforesaid^ 

(2.) Immediately after the discharge or withdrawal of 
a guarantee fund or capital, the company shall give notice 
thereof in some newspaper published in the county town of 



1886. CHAPTER 57* 49 Vic. 207 

the county in which th© company haa its head office, by 
insertion of such notice once a week for at least three 
saccessive weeks in said newspaper. 

SHARK OF 8TO0K CAPITAL. 

81. Any mutual fire insurance company Incorporated "^^^^Hj*^!^ 
under this Act| may raise a share or stock capital of not "*^ 

less than one hundred thousand dollars, and may increase 
the same from time to time to a sum not exceeding five 
hundred thousand dollars. 

82. fivery subscriber shall, on allotment of one or more AnotmeMt of 
shares to him, become a member of the said company, with J^^dT* ^^ 
all incidental rights, privileges and liabilities. 

83. The said shares shall be personal estate and shall shawato bj^ 
be transferable, but no transfer shall be valid unless made perj^. ^ 
on the books of the said company, and until fully paid up. * 

Ko share shall be transferable without the consent of the 
board of directors, nor shall any transfer be valid while any 
call previously made remains unpaid, and the company 
shall have a lien on the shares of any shareholder for 
unpaid calls or other debts due by him to the company, and 
for any obligation held by the company against him, and 
after such call, debt, or obligation becomes due the company 
may, upon one month's notice to the shareholder, his 
executors, or administrators^ sell such shares or a sufficient 
portion thereof to pay such call, debt, or obligation, and 
transfer the shares so sold to the purchaser. 

84. The company may also, after default made in the shares may b« 
payment of any call upon any share for one month, and ^^^^ ^ ^* 
after notice having been first given, as in the next preced- 
ing section mentioned, declare such share and all sums 
previously paid thereon forfeited to the company, and the 
company may sell or re-issue forfeited shares on such terms 

as they shall think for the benefit of the company .- 

85. After the sum of two hundred thousand dollars has tioanie to be 
been inmayitie subscribed, and twenty per centum paid there- l!i^? sec^^ 
on into the funds of the said company, the said company may **'^- 
make insurance for premiums payable wholly in cashj but 

no insurance on the wholly cash principle shall make the 
insured a member of the company, or make him liable to 
contribute or pay any sum to the company or to its funds 
or to any member thereof, beyond the cash premium agreed 
upon, or give him any right to any participation in the 
profits or surplus funds of the company, but the company 



208 



49 Vic. 



CHAPTER 67. 



1886. 



Net profits and 
gEins, how atp' 
pliad. 



Proviso M to 
directors and 
shareholders. 



Directors may 
make by-laws. 



Company to 
keep boolcs, 
to. 



Co. may become 
ioint stock Go. 



shall not transact any such business on the wholly cash 
principle without first procuring a license from the 
Provincial Secretary under such rules and conditions as the 
Governor and Council may order or appoint. 

86. The net annual profits and gains of the said com- 
pany, not including therein any premium notes or under- 
takings, shall be applied in the first place to pa)' a dividend 
on the said share capital, not exceeding the rate of ten per 
centum per annum, and the surplus if any shall be applied 
in the manner provided by the by-laws of the company. 

87. After the share capital has been suKscribed as 
aforesaid, at least two-thirds of the persons to be elected 
directors of the company shall be holders of shares of the 
said capital stock, to the amount of two thousand dollars 
on which all calls have been fully paid up, the other one- 

^ third of the directors to be elected shall be members of the 
company and insurers therein for the time they hold oflSce, 
to the amount of eight hundred dollars at least. 

88. The board of directors of any company which shall 
raise a share or stock capital under this Act, may make 
such by-laws, subject to the provisions of this Act and not 
inconsistent with or contrary to law, as may be necessary 
to carry out the objects and intentions of this Act, and to 
give effect to the provisions thereof, and may rescind, vary, 
alter or add to the same from time to time. 

89. Any insurance company or association formed 
under this Act, shall keep such a classification of its risks, 
and such registers and books of account, as may from time 
to time be directed by the Lieutenant-Governor and Council, 
and if it appears at any time to the inspector that such 
books are not kept in such a business like way. as to make 
at any time a proper shewing of the affairs and standing of 
the company, he shall report the same to the Provincial 
Secretary, who shall thereupon nominate a competent 
accountant to proceed under the directions of the inspector 
to audit such books and give such instructions as will 
enable the officers of such company to keep them correctly 
thereafter, the expenses of such accountant to be borne by 
the company to which he is sent, and shall not exceed five 
dollars per day and necessary travelling expenses. 

90. Any mutual insurance company which may be 
hereafter incorporated or orranized under any of the laws of 
this province, having surplus assets aside from premium 
notes or undertakings, sufficient to reinsure all its outatand* 



1886 tMAPTER 58, 49 Via 209 

ing risks, after hftving ^ven notice once a week for four 
veeks of their inteiition, and of the meeting hereinafter 
|)rovided for, in « newspaper pvUished 4n the county 
-wherein such company is located, and in two nevirspapers 
published -in the city of Halifax, ifiay, with the consent of 
two-thirds of the wdtobers present at aay regular annual 
meeting, and of two-thirds <^ the subscribers <^ guaranteed 
•capital, or shares, or stocJc capital, or at any special meeting 
duly called for the purpose, or with the -conseiit in writing 
•of two-thirds of the members of such company^ and the 
consent also of three-fourths of the directors and of two- 
thirds of the subscribers to t4ie guarantee capital and share 
of stock capital, notwithstanding anything contained in the 
third or -any other secUofi in this Act, become a joint stock 
company under. this Act by conforming to and otherwise 
proceeding in accordance with the provi^^ions of this Act, 
and every member of such company on the day of such 
annual er special meeting, on the date of such written 
consent, shall be entitled to priority in subscribing to the 
capital stock of said company for one month after the 
opening of the books of sulMcription, to such capital stock 
in proportion to the amount ^f insurance held by such 
{uember on unexpired risks in force on the day of said 
annual or special meeting, or the^late of such written con- 
sent, and every company so changed or organized, shall 
come under and be sulgect to the {provisions of this Act 

91. Any -companj which may he formed under the Liability of co. 
provisions of the last preceding section, shall be answer- ^*^ 'o"»od. 
able for all the liabilities of the com pan y f'Tom which it has 
been formed, and may be sued therefor by or under its new 
coqiorate name, and the assets, real and personal of the old 
company, shall pass to and become vested in the new 
CDQipaay. 



CHAPTER 58. 

An Act -to provide for defraying certain Expenses 
of the Civil Government of this Province. 

pMMd tai« lllh dfty of Max, A. D. 1686.) 

^■pnwi, I SacTioii. 

1. BonM rrutod to Oovcrnor. | 2. Piymenta how to be made. 

Be it enacted by the Governor, Council, and Assembly, 
«s follows .-— 
14 



210 49 Via CHAPTER 58. 1886. 

suipiflmntedto 1. There shall be granted t<» His Honor the Lieutenant- 
overnor. Qovemor, the several sums of money hereinafter meDtioned, 
to provide for defraying certain expenses. 

Civuuit, A sum not exceeding two thousand six hundred dollars 

to defray certain ^barges in the civil list, not authorized by 
permanent )aws^ 

j^ricuitare* A 9um not exceeding thirteen thousand dollars for the 

Encouragement of Agriculture; 

Criminal prof*- A sum not exceeding two thou^nd five hundred dollars 
«^*<»* to defray the expenses of Criminal Prosecutions ; 

Educition. A sum not exceeding two hundred thousand dollars for 

Educational purposes ; 

Crown Land de- A sum uot exceeding eight thousand dollars to defray 
pirtment current expenses of the Crown Land Department ; 

L«g|riatir« ax- A sum not exceeding thirty-nine thousand seven 
hundred an<l fifty dollars to provide for the pay of 
members and officers and for the contingent expenses of 
the Legislature ; 

LoSowSkL^* A sum not exceeding fifteen thousand dollars to defray 
the expenses of the Department of Local Works ; 

Insane. ^ A sum not exceeding twelve thousand dollars to defray 

the expenses of the Hospital for the Insane ; 

Minei, A sum not exceeding ten thousand dollars to defray the 

expenses of ihe Department of Mines } 

PuUic printiDf A sum not exceeding eight thousand dollars towards 
and statutes, defraying the expenses of Public Printing and Statutes > 

and*'pro^lu3 ^ *""* "^ exceeding twenty thousand dollars towards 
City Hoapiui. defraying the expenses of the Poor's Asylum and Provincial 
and City Hospital ; 

PkQYiDdai eqbtI' A sum not exceeding seven thousand five hundred 
neer's office. (jQHars towards defraying the expenses of the Provincial 
Engineer's office > 

Legisiatire ub- A sum uot exceeding one thousand four hundred dollars 
^*^' towards defraying the expenses of the Legislative Library ; 

stearoboatt. A sum not exceeding thirty-two thousand six hundred 

ferrias. and eighty dollars to provide for certain Steamboats, 

Packets and Ferries ; 



1886. CHAPTER 68. 49 Via 211 

A 8Qm not exceeding twenty-two thousand dollars to MJioeihneoas. 
defray certain Miscellaneous Expenses ; 

A sum not exceeding one thousand five hundred dollars Tnodent poor, 
for the relief of transient poor, and in aid of the Visiting 
Dispensary ; 

A sum not exceeding one hundred and fifteen thousand bomIs and 
one hundred and seventy-four dollars and twelve cents for^**^*** 
the great and bye road and bridge service ; 

A sum not exceeding thirteen thousand five hundred JJj^'JI™^ ooun- 
dollars to provide for Western Counties Railway interest ; ^ ^ ^^ 



A sum act exceeding fourteen thousand five bu"<Jrod J^^J^nna. 
dollars to pnnride for Windsor and Annapolis Railway tmtt 
interest ; 

A sum not exceeding thirty-six thousand two hundred JJbJSSLJT 
and sixty-seven dollars and fifty cents to pay interest on 
I^ova So3tia Debentures; 

A snm not exceeding two thousand dollars towards ooioniai Exhibi* 
defraying the expenses of the Colonial and Indian 
Exhibition 4 

A sum not exceeding one thousand four hundred dollars School for bUnd. 
in aid of the School for the Blind ; 

A sum not exceeding five thousand dollars towards o«n«ni«i«otioa. 
^fraying the expenses of the General Election ; 

A sum not exceeding nine hundred and fourteen dollars Advuioe to 
twenty-six cents, as an advance to the County of Inverness, ^^*"*"^' 
to be deducted from the road grant of 1887. 

2, The several sums of money before mentioned, shall P^anu. how 
be paid by the provincial treasurer by warrant of the * " *• 
pruvindal secretary, out of the moneys now in the treasury, 
or as payment may be made at the same. 



LOCAL ACTS. 



188& 



CHAPTER 59. 



49 Vic 



215 



CHAPTER 59. 

An Act relating to the City of Halifax. 

(T^MMd the 11th day of May, A. D. 1966.) 



1. CI|jmtliini2cdtoMpMt«COoniiao&. 
1 OndeUT^ryoftette^leneeseatittodto 



LMMts Bi«y wtd boildings, te. 
Rigfafta of Crown not affected. 
City Coancil anthoriaad to boRow. 
City CovmcQ authorised to borrow. 
City Oouncil authorised to borrow. 
LoMitto form pait at Cooeolidated Fund. 
City Conacil authorized to borrow. 
JLnfiijmtnt id loan ivovlded Jor. 



SBcnoK. 

1 1. City Couaeil amtlioriied to Imttow. 

12. BoniMi Catholic Reformatory. 
IS. Oty Oerk to inake retura. 

li. AoMMiiita to be oolleoted as uouaL 

15. Sub^eectB, Sect. 2, Gap. 49 Acte 1886, 

amended. 
14. Sect. S9, Cap. 28, Acta 1883, amended. 

17. Seet. 80, Gap. 88, Acta 1888, amended. 

18. Sect 7, Cap. 28, Aett 188S, aaiended. 
Schedule. 



Be it enacted by the Governor, Council, and Assembly, 
as follows ; — 

1. The city of Halifax upon the request of the city authorised 
commissioners of Halifax common may demise and let to^mmon.^'^ °' 
such person or association, for such a period, at such rental, 

«nd upon such other conditions, as the said commissioners 
Khali determine, the whole or any part of that portion of th^ 
Halifax common which is bounded easterly by Bell road, 
fiontherly by Sackville street, westerly and northerly by 
Summer street and Bell road. And the said commissioners 
or each lessees may enclose the whole of such demised 
premises with fences, and shut up any streets or 'ways over 
the saute, and any right of passsge which the public or any 
person whomsoever may now have or claim over the same 
is hereby forever barred and extinguished 

2. Upon the delivery of a lease of .said demised premises on delivery of 
executed on behalf of the city by the mayor and city clerk, 1133 '^*^JJ^" 
the les.Hees shall be entitled subject to the conditions of such ■***■• 

lease to the sole and absolute possession of the lands therein 
deficrihed, including any lands heretofore at any time laid 
off, dedicated or used as a street or highway over the same. 

3. Such lessees may erect such buildings or other struc- Leeseee may 
tures upon, and may make such alterations on the surface JJJf* **^*"«^ 
of the demised premises as the said commissioners may 
deteroime. < 

4. Nothing herein contained shall affect any rights Rishte of crown 
which the Crown may have in respect to the Halifax common. ^^^ *•<«*«>• 

5. The City Council of Halifax is hereby authorized to city coundi 
borrow on the credit of the city of Halifax, and to expend SSS?.****** 
the sum of fifteen hundred dollars in fencing and improving 



2ie 



49/ ViC; 



CHAPTER oft 



1886: 



that portion of the Halifax common bounded by Springs 
Garden road. South E^i»k street, fiilorris street and Tower 
road^ such expenditure to be under tbe directipn of tfae- 
eoDiniissioners of Halifax common. 



City CoancU" 
authorised to 
bonrow.. 



City Comicir 
aathorised tc^ 
borrow. 



6. The City Council' of Halifax is hereby also author- 
ized and ei»powere<l to berrow en the eredit of the city of 
Halifax a sura- of money not exceeding: ten thousand dollars., 
which sha)( be- used- and appl^d in. and for the extension and' 
improvement of the water service, and for no ether pnrpose- 
Trhatsoever;:and the same may be borrowed in such sums^ 
and at such times as the exigencies of nttch service may 
require, and the interest or> debentures issued for the- 
extension and improvement of the water service shall be* 
chargeabfe to, and payable out of the revenues d&rived from* 
such service. 

7. The City Council of Halifax is hereby aho authorized 
and empowered to borrow on the credit ef the city of 
Halifax, the suin of six tho^jsand five hundred dollars, for 
the purpose of repairing and improving the city prison^ 
otherwise kikown as Rockhead. 



Loans- t«>fom» 
part of con- 
solidated fund. 



City ConnciT. 
authorised to 
bonow. 



Ro-pa^ment oC 
loan provided 
for. 



8i The sums authorizi*d under secttons 5, 6 and 7 of 
this ehapter shall, when borrowed, form part of theconsoli- 
dated f ufid of the city of Halifax, and debentuirea or stock, 
or both. shaW be issued therefor^ under the provisions of 
chapter 84. of the Acts of 1880, in addition to the amounts- 
in the said chapter, or by any subsecjivent Act authorized, ' 
and a sUm sufBcient to pay the intere^^t on the loans, 
mentioned m sections 5 and 7 shall be added to the general 
assessment and be- assessed annually on the property of the 
ratepayers of the city of Halifax. 

% The City Council of HaKfax is hereby also authorized 
and empowered to borrow o» the credit of the city of 
Halifax^ in such manner as the said councif may deeide. a 
sum not exceeding two thousand one hundred dollars., such 
sum to be applied it\ payment of the amounts severally due 
the flour weighers in and for such city, and iMipaid to themi 
at the pasi»ing of this Act. 

1 Oi In order to* provide for th-e repayment of siich loan, 
one third thereof with interest shall be added to the general 
assessment for the }'ear 1887. one third with interest to the 
general assessment for the year 1888, and the remaining 
one third with interest to the general adsessoxeat foi* thia 
year 1880. 



1886. CHAPTER 69. 49 Vic. 817 

11. The Cit}' Council of Halifax is hereby also *"^^^" 2j\^^2J23*to 
rized and empowered to borrow on the credit of the city of borrow. 
Halifax, in such naanner as the said council may decide, the 

surn of five thousand two hundred and thirty-two dollars 
and twenty-one cents to l^e used and expended for the 
following and no other purposes whatsoever, viz : — 
($273221,) two thousand seven hundred and thirty-two 
dollars and twenty-one cents, for the payment of certain 
piinting and other accounts mentioned in the schedule 
hereto, and now due by the said city, and in respect to the 
payment of which no provision has heretofore been made, 
and ($2500.00,) two thousand five hundred dollars in the 
purchase from the Halifax association for improving the 
condition of the poor, of broken stone to be used in the 
improvement of the streets of the said city. The said loans 
shall be repaid by said city in fivp equal annual instalments, 
and a sum sufficient to repay each of said instalments, with 
interest as they come due, shall be included in the five next 
annual ordinary assessments of the city of Halifax, and be 
assessed on the property of the ratepayers of said city, 
provided that neither of said five ordinary assessments 
Bhall he thereby increased beyond the sum authorized by 
section 1 of chapter 28 of the Acts of 18S3. 

• 

12. The City Council of Halifax is hereby also autho- go^^jjjJ*»»>«wo 
rized to include in the general annual assessment cf the city °™* ^' 
of Halifax, over and above any amount now allowed by law 

to be asttsessed, a sum not exceeding twelve hundred dollars, 
tor the support, at the Roman Catholic Reformatory, in the 
said city, known as Saint Patrick's Home, of boys who shall 
from time to time be sentenced to that institution by the 
stipendiary magistrate, or police court of the said city, under 
the provisions of chapter 45 of the Statutes of Canada, for 
the jrear 1884, and the said council is further authorized to 
add to the next general assessment of the said city, a sum 
sufficient to pay at the rate of sixty dollars a year each for 
all boys not exceeding twenty in number, sentenced to the 
said institution as aforesaid, betfween the first day of 
November, A. D., 1885, and the time of the passing of this 
Act 

13. The city clerk shall at the first meeting of th^^Se^nS* *** 
council after the passing of this Act, return to the said * " **^ 
council the age, name and term of sentence of every boy so 
sentenced up to that date, and shall thereafter return to the 

said council the like particulars as to each boy sentenced 
after that date, making such return at the first meeting of 
the said council held after such sentence. 



218 



49 Vic. 



CHAPTER 69. 



1886. 



Amoanta to 
beoollectod 

MIUUAl. 



Sab-Mct B., 
aeoL 2, Cap. 
49, Acts 1885, 
amended. 



Sect. 89, O 
28, Acta la 
amended. 



Sect. 88, Cap. 
28, Acta 1883, 
amended. 



Sect 7, Cap. 
S8,Aotel888, 
amended. 



14. The amounts hereby authorized to be included in 
the general assessment of the said city, for the payment of 
interest and other purposes, shall be assessed and collected 
in the same way, at the same time, and with the same 
remedias, as the ordinary annual assessment of the said cit3\ 

15. Sub-section B, of section 2, of chapter 49, of the 
Acts of 1885, is hereby amended by striking out the words 
" all buildings which are beyond the reach of a water supply 
but within one thousand feet of any hydrant, and upon." 

16. Section 39, of chapter 28, of the Acts of 1883, 
entitled " An Act to amend chapter 81, of the Acts of 1864, 
entitled an Act concerning the city of Halifax, and the Acts 
in amendment thereof," is hereby amended by striking out 
the word " twentj^," in the second line of the said section, 
and substituting in lieu thereof the word *' fifty." 

17. Section 86, of the said chapter 28, is hereby 
amended by striking out the word " October," in the second 
line of the said section, and substituting in lieu thereof the 
word " September." 

18. • Section 7, of said chapter 28, is hereby amended by 
adding thereto the words, " and such chief assessor, and 
assistant assessors shall not engage in any business on their 
private account, and shall devote their whole timt? to their 
duties as such assessors." 



Schedole 



SCHEDULE. 



Printing, advertising and stationery accounts up to May 
Ist, 1885, viz : 

Morning Herald Company $ 12 00 

24 87 

II II • 19 80 

.1 II 236 73 

Blackadar Brothers 79 80 

79 12 

.1 .1 176 51 

II ,1 289 64 

A. & W. M ackinlay 1 02 87 

Charles Annand 12 00 

.1 14 25 

Amount carried forward $1047 59 



188& CHAPTER GO. 49 Via 219 

Amount brought forward $1047 59 

Printing ftoeounts for year froni May 1st, 1885, viz : 
Blaekadar Brothers. $103 62 

It H 33 00 

II II 182 08 

A.& W. Mackinlay 293 40 

Horning Herald Company 144 23 

Charles Annand 12 00 

•t 12 05 

Wm. MacNab. 46 00 826 38 

MasDonald & Co, accounts up to 1884 358 24 

Printing and other aoeoants up to May 1st, 1886. . 500 00 

S2732 21 



CHAPTER 60. 
An Act to amend the Halifax City Assessment Act of 1883. 

(pMMd the 11th dmr of Maj, A. D. 1880.) 

iKnoi. I SscTiov. 

1. See. M disp. 9B, Acfta 188S, Mnended. 8. Sec. 110 chap. 28, Acts 1888, unended. 
1 8ec.96olM|>.SS,Actel88S,UDeiided. I 

Be it enacted by the Governor, Council, and Assembly^ 
as follows : 

1. Section 94 of the Halifax City Assessment Act of gf^JJ^J^gg; 
1883, is amended by inserting between the words " same "amended, 
and ** and " in the tenth line thereof, the followingf words : 
"and in order that each of such lots may be accurately 
described with metes and bounds sufficiently definite for 
the purpose of identification, the city collector may call 
opon the recorder and city engineer to render ail necessary 
assistance for the purpose of obtaining such description, 
and the officers last named shall, in addition to any duties 
now imposed on them by law, perform «the duties by this 
section prescribed." 



2. Section 93 of the said assessment Act is amended section i 

28 Acts 
' amended. 



by inserting before the word " evidence " in the seventh ^ ^^ ^^ ^' 



fine thereof, the word " conclusive." 

3. Section 110 of the said last-mentioned Act is hereby seo. no chap 28 
amended by striking out the word " presumptive " in the ^n^^J. ^^^ 
foarth line thereof, and inserting in lieu thereof the word 
" conclusive/' and by adding thereto the following words : 



220 49 Vic. CHAPTER 61. 1886. 

" and except as aforesaid any deed in the form or to the 
same effect as in the said schedule purporting to be executed 
under the seal of the city of Halifax, l>y thu mayor and city 
collector, shall vest in .the. gn^ntee therein named, his heirs 
and assigns, a full,^b9olute and uncjefeasible estate in fee 
simple to the land therein described." 



CHAPTER 61. 

An Act to allow the City of Halifax to convey certain 

lands. 

(PMMd the llih <ky of May, A. D. 1S86.) 

Sicnoir. I SicnoK. 

1. Conveyance of p«ii of Common 2. Conveyance sub jeot to oonditlona. 

authoriMd. | 

Be it enacted by the Governor, Council, and As8embly, 
as follows : — 

Conveyance of 1. The City of Halifax is hereby authorized, subject to 
AuiboriMdL^*"^" the conditions in the next following section prescribed, to 
convey for a nominal consideration to the " LadicH of the 
Sacred Heart at Halifax," a body corporate, that portion of 
the south common of Halifax, bounded as follows ; com- 
mencing on the east side of Summer Street at a point three 
hundred and thirty feet four inches more or less south of 
Spring Garden road, being the south west angle of the 
property now owned by the said corporation ; thence 
easterly three hundred and ninety-seven feet ; thence 
southerly at right angles to the last described line sixty 
feet; thence westwardly at right angles thirty feet; thence 
southerly at right angles to Brockley's lane one hundred 
and twenty-six feet six inches ; thence westwardly at right 
angles three hundred and sixty-eight feet to Summer Street, 
aforesaid ; thence northerly one hundred and eighty-eight 
feet to the place of beginning. 

Convevanoeaub. i. Such Conveyance shall be subject to the following 
ttons. *^°^^' conditions, and the same shall become void in the event of 
the breach thereof, that is to say, the said land shall be 
used solely for educational purposes, and as appurtenant to 
the school in connection with and conducted by the said 
corporation, and shall not be sold, let or otherwise disposed 
of, and a portion of the said land consisting of a strip sixty 
feet wide, immediately to the south of the northern bound- 
ary thereof, and heretofore laid out as a street, shall not at 
any time hereafter be built on, to the intqnt that should 
the city of Halifax at any time decide to open such street, 
it may do so at the least possible expense. 



1886. 



CHAPTER 62. 



49 Via 



221 



CHAPTER 62. 

An Act in "relation to the purchase of Dalhousie College 
Building by the City of Halifax. 



(Puwd the Uth day of May, A. D. 1880.) 



1. OoAi 



iTcyaace 
tefldlnr. 



at DuUiotule CoUege 



Sionov. 
2. Conveyance of part of South Common* 
8. Oonditiona of conveyance by city. 



Be it enacted by the Covemor, Council^ and Assembly^ 
u follows : — 

1. In order to enable the city of Halifax to erect a Conveyance oi 
city hall under the provision of the statutes in that behalf, ^JSuuSinS?^' 
on the lands north of the grand parade (so called,) vested 
in the governors of Dalhousie College at Halifax, under 
the provisions of section 2 of chapter 31 of the Acts of 1883, 
the said governors are hereby authorized and empowered 
by deed executed by the chairman and secretary of the said 
governors under the corporate seal of the said college, for 
8uch considerations as heretofore have been or may here- 
aftet be agreed upon, to convey to the city of Halifa;ic the 
said lands and all the right, title and interest of the said 
governors and their successors in the grand parade 
(80 called) and in the building known as Dalhousie (Jollege 
and the lands in 'connection therewith, with the appurte^ 
Dances, and from and after the execution of such deed the 
city of Halifax shall have an absolute estate in fee simple in 
the said land and in the whole of the grand parade (so called,) 
and the same and every part thereof shall thereby be abso- 
lutely vested in the city of Halifax, its successors and assigns, 
forever, freed and discharged from all claims, demands, 
easements, charges or other rights now existing thereon or 
in respect thereto, arid the proviso in section 1 of chapter 
35 of the Acts of 1874, is hereby repealed. 

1 The city of Halifax is hereby authorized and cjonv^anoe ol 
empowered, for such considerations and subject to such Sommon. 
conditions as may be agreed upon, to convey by deed 
executed by the mayor under the seal of the city to the 
governors of Dalhousie College at Halifax, and the said 
governors are hereby authorized to accept from the city for 
the purpose of erecting university buildings thereon, a 
conveyance of that poition of the south common of Halifax 
^hich is bounded on the south by Morris Street, on the 
Vest hy Robie Street, on the north by College Street, and 
on the east by a line formed by the extenbion of Carlton 
Street to Morris Street^ aforesaid. 



J22 49 Vic. CHAPTER 63. 1886. 

conditioiu of 3. Nothing herein contained shall be construed to 

«>^nyeyaiice by ^g.^^^ ^^^^j^^ ^ ^j ^j^^ ^. ^ chaptCr 31. 

The lands to be conveyed under the provi^ons hereof 
shall, after such conveyance, be used solely for university 
purposes, and as appurtenant to the college buildings to be 
erected thereon, and shall not be sold, let or otherwise dis- 
posed of by the said governors, and upon breach of any of 
the provisions hereof the same shall revert to the city. 



CHAPTER 63. 

An Act in relation to the Stipendiary Magistrate for the 
City of Halifax. 

(Paned the 11th day of K^r, A. D. 1886.) 



SicnoN. 

Preftinble. 
. X. Oflloe to bttoome vmmI. 



SacnoN. 
2. R«tiii ng allowMioe of p i ' tjw i i t ineam* 

bent. 
8. Proviso as regards suooeseor. 

Preamble. Wliereos, the present stipendiary magistrate of the city 

of Halifax, in consequence of advanced years and infirmity 
can with difficulty perform the duties of his office, and m 
willing to retire upon the annuity hereinafter lueationed 

being provided for him ; 

• 
Be it therefore enacted by the Governor, Council, and 
Assembly, as follows : — 

ofBce to become 1- XJpon the passing of this Act the office of stipendiary 

vacant. magistrate for the city of Halifax shall become vacant, and 

the vacancy thereby created shall be filled by the Qovemor- 

in-Council under the provisions of the statute on that behalf. 

Retiring allow- 2* The city of Halifax shall pay annually to Henry 

tacutobent***"* ^"^y^^* the retiring stipendiary magistrate, during his 

natural life, the sum of twelv^e hundred dollars, (S1200.00) 

and such sum shall be included in the general assessment 

of the city. 

Proviso as re- 3. Until the death of the said Henry Pryor the annual 
gards suooeseor. g^]j^j.y ^f j^j^ succcssor or successors in office shall be one 
thousand dollars ($1000.00), which sum shall also be assessed 
upon the city in lieu of the present stipendiary magistrate's 
salary, and until such death occurs, the operation of section 
7 of chapter 82 of the Acts of 1867, entitled " An Act to 
appoint a Stipendiary Magistrate for the City of Halifax," 
shall be suspended, and upon the happening of such event 
such salary shall thereafter be the sum oi two thousand 
dollars ($2000.00), to be assessed as aforesaid. 



1886. CHAPTER 64. 49 Vw. 228 



CHAPTER^64. 

An Act to amend Chapter 59 of the Acts of 1885, providing 
for an additional district for Electoral and Muni- 
cipal purposes in the County of Halifax. 

(Piufled the 11th 6bj of May, A. D. 1880.) 

iwrnw. I SECTioif. 

1. 8Mtion t chapter 68 Acts 1886, S. Chapter 63 Acts 1886, how to be oon- 

repealed. 1 etrued. 

Be it enacted hy the Governor, Council, and Assembly, 
as follows : — 

1. The second section of chapter 53 of the Acts of 1885, sec. s chap. 6 
entitled " An Act to provide for an additional district forpeaied. ^ 
Electoral and Municipal purposes in the County of Halifax," 

is hereby repealed, and the following section substituted 
therefor : — 

"2. Such district shall include all those portions of 
districts numbers ten and eleven, bounded eastwardly by 
Shag Bay and Nine Mile or Shag Bay River; northwardly 
by a straight line drawn from the north-western an;;;le of 
the bridge over the said river at the head of Shag Bay to 
the western extremity of Long Iiake, sometimes called 
Hr^p-Pole Hill Lake ; northwestwardly by a straight line 
from the said western extremit} of the s<aid lake, to tliB 
eastern end of the bridge at Peggy's Cove, Barrasois, known 
as Wesley Cook's Bridge, and westwardly and southwardly 
by the said Barrasois and the Atlantic Ocean. The remain- 
ins portion of such two districts nhall respectively constitute 
and be known as district number ten, or Prospect District, 
and district number eleven, or Haggett's Cove District." 

2. Such chapter 53 of the Acts of 1885, shall be read chap. 63 Acts of 
and construed for all purposes as if the section hereby J^^ed.*** *** 
substituted for the second section thereof had been enacted 

as the second section of such chapter at the time of the 
passing of such chapter, instead of the section hereby 
repealed. 



224 



49 Via 



CHAPTER 63. 



1886. 



COPTER 65. 

An Act to enable the Municipality of Halifax County to 
purchase and equip a Farm for the Poor. 



(PMMd the 11th dty of May, A. D. 1896.) 



BBcrioir. 



1. Halifax Mttnioipal Council author* 

ized to borrow. 

2. Lonn, how to be repaid. 

8. Interest on loan, how collected, Ac. 
4. Moneyi, for what purpose used, dec. 
6. Preliminary expehditure, how con- 
ducted. 



SBcrtoH. 

6. All districts entitled to participate. 

7. General Funds not tq be drawn upon. 
6. Provision for pauper insane, ftc. 

9. By-laws to regulate other matters 



Loan, how to be 
repoidv 



Be it enacted by the Governor, Council, and Assembly, 
as follows : — 

Halifax Muni- !• The Municipal Council of the County of Halifax is 
2!tooriMd""to hereby authorized to borrow on the security of this Act 
borrow. and the credit of the municipality, a sum not to exceed six 

thousand dollars, for the purpose of purchasing a farm, 
erecting suitable buildings thereon, and equipping the same 
as may be requii-ed, for the shelter and support of the poor 
of said municipality, under such rulas and regulations as 
the said council oi a duly appointed committee thereof for 
such purpose shall make and by a majority of the council 
confirm. 

2. The municipality shall repay the said loan by eight 
annual instalments of seven hundred and fifty dollars, with 
interest not to exceed six per cent, per annum, puyable half 
yearly, and shall give to the lender or lenders coupon bonds 
signed by the warden and clerk, and under the corporation 
seal, for such amount, and from such date, as said council 
shall determine, said bonds to be exempt from taxation, and 
the interest thereon to be paid semi-annually. 

ihterestonioan, 3. The Municipal Council shall have power to add to 

h^ coueoted, ^j^^ genera! assessment of the municipality yearly, and to 

collect the annual proportion ot and interest upon the said 

loan. 

Moneys, for w!^t 4, The moucys received for such loan and for the 

^^rpose u , i^gggggujpjjts Collected to repay the same shall bo placed in 

such bank as the council shall designate, and be used solely 

for the purposes named in the first and third clauses of this 

Act, and the treasurer of the municipality shall be instructed 

as to the way in which such moneys and all other funds for 

the expenses of maintenance of the poor shall be paid out. 

Preliminary ex- 5. The preliminary expenditures for the purchase of 
ooodttoted. farm, cost of buildings and equipments, shall be made under 



im. CHAPTER 66. 49 Vic. 826 

the saperviMon and direction of a committee appointed by 
the council, and under such instructions as the council may 
set forth, and the subsequent management, inspection and 
control of the institution in so far as regards the regulation 
of its affairs and the maintenance of the inmates, shall be 
by a committee appointed annually at the January session 
of the council. 

6. All <Hstricts of the municipality shall be equally ah districts en- 
entitled to send to and have maintained at said poor farro,^{j^*** i«rtici- 
such paupers as the overseers of the poor and the councillor 

of each dfistrict shall recommend and approve, and in 
accordance with the regulations of the council, and every 
district so sending paupers to the institution shall be 
assessed for and pay to the collectors of poor rates appointed 
by the council, a sum sufficient to cover the cost of each and 
every such pauper, annually, as the accounts therefor shall 
show on being audited and passed. 

7. The general funds of the municipality shall not beo«nena Fundi 
liable for nor drawn upon to pay for maintenance of the J^^ **•*****" 
poor, unless it shall be decided hereafter by the vote of 

the council, and an amendment to this Act to form the 
municipality into one poor district. 

8. Provision for pauper insane discharged from the provision for 
Hospital for Insane, and certified as "harmless," may be J^p*' *"*^®' 
made at the said poor farm or institution at the expense of 

the districts from whence they were sent, if the council 
shall 80 determine. 

9. All other matters relating to the poor, not provided sy-iawa to 
for in existing statutes nor included herein, shall bejl^jjjjlj^^****' 
regulated and established by by-laws of the Municipal 
Council, and all statutes and parts of statutes inconsistent 
herewith are hereby repealed. 

CHAPTER 66. 

An Act in relation to Lunatics confined in the Hospital for 
the Insane and chargeable to the County of Halifax. 

(Passed the 11th day of May, A. D., ISSe.) 

Sicnoif. 
2. Halifax and Dartmouth deemed Munioi- 

paltiee. 
8. Apportionmentof county ratesaniended 

Be it enacted by the Qovernor, Council, and Assembly, 
to follows : — 
15 



1. Exi^eea of p«nper lunatloa, how 
cbaiyed. 



226 



49 Via 



CHAPTER 67. 



1886. 



KxijBwwiof D«i. 1. Notwithstanding anything contained in chapter 38, 
oSmv«i *** ''of the Revised Statutes, "Of lunatics and the custody and 
estate of lunatics/' or the Acts in amendment thereof ^ 
the Commissioner of Works and Mines^ or other authority, 
having the management or control of the Nova Scotia 
Hospital for the Insane, shall charge against the muncipality 
of the County of Halifax, the expenses of pauper lunatics 
confined therein, who have obtained a legal settlement in 
one or other of the poor districts of such municipality, and 
shall charge against the city of Halifax, the expenses of 
pauper lunatics who have obtained a legal settlement in such 
city, and against the town of Dartmouth, the expenses of 
pauper lunatics who have obtained a legal settlement in 
such town, and the said municipality, city or town, shall 
not be chargeable with the expenjfes of any other paupers^ 
confined in the said hospital, and such expenses shall in each 
case be assessed, levied and collected in the same manner as 
other rates in such municipality, city or town. 

2. The said city and town shall for the purposes of the 
said chapter be each considered and deemed to be a munici-* 
pality, and shall in respect to pauper lunatics confined in 
the said hospital, and to their expenses and maintenance, 
have all the powers, rights and authority, and be subject 
to all the liabilities, duties and obligations, possessed by or 
imposed upon municipalities by the said chapter. 



Dartoiouth 
deemed Mu-^ 
nidpaUtiea. 



Apportfonmcnt 
of oou 



1^ bounty rates ^' Hereafter the Municipality of the County of Halifax^ 
Moended. shall not charge the city of Halifax or the town of 
Dartmouth, with SLny portion of the expenses of paupers 
confined in the said asylum, and the apportionment of 
county rates between the municipality and the city or 
town shall be amended accordingly. 



CHAPTER €7. 

An Act to change the name of a settlement in the 
County of Halifax. 

(Paa9«d the lltb day of May, A, D,, 1886.) 
Sscnoir,— 1. Sboal Bay renamed Pleasant Harbofr 

Be it enacted by the Governor, Council, and Assembly, 
as follows ;— 

Shoal Bay !«-* 1. The Settlement heretofore known as " Shoal Bay,'* io 

HiurbOTr***"* polling district number twenty-six, in the count}- of Halifax, 

shall hereafter be called and known as ** Pleasant Harbor/' 



1886. CHAPTER -63. 49 ViG. 237 



CHAPTER 68. 

An Act to amend tind consolidate the Act^ relating to the 
Halifax 'Protestant Orphans' Home. 

(PUMd'tlM 11th dAf-»f May, A. !>., 1886.) 

Sicno9. 

4. Uacftinin of governors, 9do, 
7. Committee of ladies. 
4. Property exempt from taxation. 
0. Provisiooa of cap 99 R. S., extended. 



1. IpoocvoratSon. 



Ipoocpofw 

Objects of 



2. Obledtsof oorpcfration. 

S. Ladies committee to make by-laws. 

4. Number of governors, vacancy, Ac. 

5. UabUitgrofoorporatiMi. 



Be it enacted by Qie Governot, Council, and Assembly^ 
"Bs follows: — 

1. The honorable ^Robert Boak, George Francklyn, the incorporation. 
reverend George W. Hill, Alfred 6. Jones, John Doull, 
William \3unard, honorable Daniel McN. Parker, M. D., 

James Ltddell, William J.Lewis, the reverend James B. 
Uniacke, Samuel Brooktield, and Andrew K. Mackinlay, the 
present governors of the Halifax Protestant Orphans' Home, 
And their succes.sors in office, are hereby constituted a body 
corporate by the name of the Halifax Protestant Orphans' 
Home, and shall have a corporate seal, and have power to 
purchase, have android real estate not exceeding in value 
the sum of £fty thousand dollars, and may sell mortgage or 
otherwise dispose of the same by deed signed by the 
president, ^countersigned "by the secretary, and having the 
said corporate seal attached thereto. They may also 
contract and be contracted with, sue and be sued, and 
iuiplead and be impleaded under said corporate name. 

2. The objects of the corporation shall be to provide objects of cor- 
orphans and destitute children of both sexes vith aP*^™*^®°- 
comfortable hrnne, educational facilities, and religious 
instruction, during the time of their residence in the 
institution. 

3. The ladies' committee, subject to the approval of the Ladies* com- 
board of governors, shall have power to .make, alter and SySwJs^"* *^ 
repeal such rules and bj-laws not inconsistent with this 

Act or the law of the province as they may see fit, and the 
rules and by-laws heretofore made and now in force are 
hereby confirmed, and all act and acts, transaction t»nd trans- 
actions, made, done and performed by the present and any 
former board of governors, are hereby ratified and confirmed. 

4. The xi4]mber of governors shall be twelve, and in case Numb^'r of go\'- 
6t vacancy occurring in the board by reason of death, Jj;'*™' ''*^°*'^' 



22S 



49 Vic. 



CHAPTER 6^. 



1885, 



Liability of 
corporatioat 



resignation or otherwke, the remaining governors shall have- 
power to fill such vacancy from time to time, 

5^ No member or oflicer of the corporation shall be* 
liable in his person or estate for any of the debts or 
liabilities of th^ corporation, unlesa he £^all expressly agree 
to beconye answerab^ therefor. 



Meetings of goV' 
tmwwt 4us. 



Committee of 
iMliee. 



rroperty 
exempt from 
taxation. 



Provisions of 
Cap. 99, R. 8.,. 
extended. 



6V The governors shall meet a» often as may be requfeite 
for the due performance of their duties. They shall yearly 
efect a pres-ident, secretary and treasurer for said Board. 
At any meeting of the governors five ^all eonstilute a 
quorum. 

7. In addition to the board of governors, there shall be 
a committee of twenty ladies, and the present committee 
shall continue in office and have power to fill vacancies* 
occurring in their number. Five shall be a quorum at any 
Meeting of the committee. The committee shall elect » 
secretary and treasurer for said committee, when the said 
offices shall become vacant. 

8. The real estate of and occupied by the corporation 
and its personal property, shall not be subject to taxation^ 

&. The provisions of chapter 99, of the Revised 
Statutes, fifth series, "Of the transfer of Articles of Indenture 
of Apprenticeship," shall so far as applicable continue to 
extend to the orphan children of Protestant parents received 
into and trained at said Halifax Protestant Orphans'^ Homer 



CHAPTER 6ft 



FreamCfe. 



An Act to authorise the sale of a lot of land porchaaed for 
fire purposes in the town of Annapolis. 



(PMeed the llth dfty of Hay, A, D. 1886.> 



SacnoK. 

PreambTe, 



1* Lot to be sold and proceeds handed over] 



Saonoif. 
%. Commiasiooen to execute deedl 



Whereas, by chapter 53, of the Acts of Nova Scotia- 
for A. D. 1875, certain commissioners were appointed with 
authority among other things to purchase land for a site for 
an engine house in the town of Annapolis^ which was done ;. 

And whereas, a site for a larger engine house has subse^ 
quently been purchased by the fire wardens of said town, it 
is desired that the lot of land 8& purchased by said 
commissioners be sold > 



1886. CHAPTER 70. 4» Vkx J2d 

Be it therefore enacted by the Governor, Council, and 
Aflsembly as follows : 

1. That the said commissioners or their duly appointed Lot to bee^, 
^Hccessors, shall cause the lei of land first above mentioned Slnd^ over/ 
to be sold, and the proceeds thereof be handed over to the 

fire wardens of said town of Annapolis for fire purposes. 

2. That the said commissioners or their duly appointed ovmminionen 
SQCoessors, shall give a deed of said lot of land to ^jj^*® •*"<''*** <*«««^- 
purchaser thereof, which 4eed shall pass such land in fee 

simple to sadh purchaser. 



CHAPTER 70. 

An Act to change the boundaries of Polling Districts Num- 
bers Five and Eleven in tbe County of Antigonish; 

(PUMd tlM Uth day « If qr, A. X>. 1686.) 



haemal. 
1 8osChOTn'bo«rduv «< PoUaf BUtnet 
No. U. 



fRcnoir. 
S. laconalitent Uw rcpeal«4. 



Be it enacted by the Qovernor^ Council, and Assembly, 
«s follews".— • 

1. From and after the passing of ttiis Act, the southern southern boun. 
limit or boundary of said polling district number eleven^m^ria No. il 
€haH be limited as follows*: 

Beginning at the southwest angle of lands granted to 
the reverend Thomas Trotter, and embraced in the settle- 
ment of Ashdale in said county, thence to run northwardly 
along the western line cf said grant to tbe northwe.<*t corner 
of lands of Thomas <5oodwe4l, thence eastwardly along the 
fiorthern line^f lands of the said Thomas Good well to the 
northeastern corner of said last mentioned lands, and thence 
to mn in a straight line to the northwest corner of lands of 
John Mclsaac ^* Glen Road," and thence to run and continue 
eastwardly along the northern line of lands of the said John 
Mclsaac to the Glen Road so called. 

The electors resident southwardly and eastwardly of the 
above described boundary, shall be embraced in the said 
|>olling district muraber five. 

2. So much of the existing law as is inconsistent with JJ^^S**"* ***^ 
ttaii Act is liereby repealed. "^ 



4» Vic. CHAPTERS 71-^72: 1S86; 



CHAPTER 71. 

An Aet to change the Bame of a settlement in t^- 
C6unty of Antigonish. 

(PMsed the 11th dmy of Maj, A. D. 1886.) 
SlECTiov.— 1. ** Qreenfieid"* to be naiiMd '* Oreendalto.** 

Be it enacted by the Governor, Council, and Assembly; 
as follows : — 



oreenflaTdtobe 1. The Settlement now known and caMed Greenfield^ 
nwned Green- ^^^^ ^£ Malignant Cove, in the county of Antigonish, shali 
hereafter be known as and be named " Oteendale.*' 



CHAPTER 72. 

An Act to enable the snrvWing trustees of a church m 
Baddeck in connection with the Church of Scotland^ 
to convey certain knds to the trustees of the Pres- 
byterian congregation of Baddeck in connection withi 
the Presbyterian Church in Canada. 

(DMeed the VOh dk^r o^ May, A. Ih 1886.> 
Preamble. SicnoH 1.— Surviving tra^teee empowered to oonvegr. 

Preamble. FAercas, by deed of indenture, bearilig date the twenty^ 

first day of June, ih the year 18(J7. and recorded in the 
Registry of Deeds for the County of Yictoria in Book Ej. 
pages 539, 540 and 541, a certain lot of h&nd situate in 
Baddeck in said County of Tictoria,and therein mentioned 
and descfibed, were conveyed by Atexander McR^e and his 
wife to oertain persons therein n a nied,,being trustees of the 
church in conneetion with the Established Church of 
Scotland ; 

And whereas, all the persons named rn such deed as 
trustees as aforesaid have departed this life, excepting 
C. J. Campbell and J. T. Cameron, hereinafter named ; 

And whereas, the said C. J. Campbell and J. T. Cameroa 
have consented to make a conveyance of the said land to 
the trustees of the Presbyterian congregation of Baddeck 
in connection with the Presbyterian. Chureb in Canada, & 
body corporate under and by virtue of obapter 31 of th^ 
Acts of 1883;. 



J8ML CHAPTER 73. 49 Via 281 

Andichereds^ such conveyance has been assented to by * 
all the persons interested in the said lands or for whose 
benefit the same ^irere conveyed to the said trustv^es ; 

Be it therefore enacted by the Governor, Council, and 
" " , as follows : — 



1. The said C. J. Campbell, M. P., of Baddeck, and sunrivingjw 
J. T Cameron, doctor of medicine, of River John, in theto«m?Jy. 
County of Pictou,are hereby empowered to convey by deed 
of indenture duly executed and delivered to the trustees of 
the Presbyterian congregation of Baddeck in connection 
with the Presbyterian Church in Canada, all the land 
mentioned and described in the deed of indenture, in the 
preamble to this Aet referred to, which deed shall upon the 
execution thereof convey all the said lands to and vest the 
6ame absolutely in the said trustees of the Presbyterian 
congregation of Baddeck in connection with the Presby- 
terian Church in Canada. 



CHAPTER 73. 

An Act to alter and enlarge the eastern boundary of Polling 
District Number Six, in the County of Cape Breton. 

(PUMd Ihe nth daj of Msj, A. D. 1886.) 
Sacnov.ol. Eaaleni Une of poUhig dlrtriot No. 9, altered. 

Be it enacted by the Governor, Council, and Assembly, 
as follows : — 

1. The eastern line of electoral district number six, »•»*•« Mne of 
dividing the polling districts of Louisburgand Main a' Dieu,{lk>. V^MitmL 
in the County of Cape Breton, is hereby altered as herein- 
after described, that is to say : 

Commencing on the shore of the sea coast about two 
miles to the eastward of Big Lorraine, at the centre of 
Gooseberry so called, thence to run on a direct line to Clark's 
bridge on Clark's road, being the road leading from Louis* 
burg to Main a' Dieu aforesaid, thence to follow the present 
line of said polling district northwestwardly, westwardly, 
southwestwardly and eastwardly along the shore line of 
•aid district number six, to Gooseberry Cove aforesaid, the 
polling place to remain as at present. 



49 Via CHAPTER 74. 1886. 



CHAPTER 74. 

An Act to amend the Act to authorize the Municipality of 
Cape Breton to guarantee interest on certain 
mortgage bonds, and to assess the Afunicipality for 
the annual payment of the interest guaranteed 
thereon. 

(Passed the Ilth day of May. A. D. 1886.) 



Sacno5. 

Preamble. 

1. t200,000, how to be expended. 

2. Payment to Hun. County Treasurer. 



SKTriov. 
8. Seo. 11 repealed and Sec substituted. 
4. Sec. S, cap. 67, Acts 1885, amended. 



Preamble. Wheveas, by the provisions of an Act passed in the 48th 

year of the reign of Her Most Gracious Majesty Queen 
Victoria, entitled " An Act to authorize the municipality of 
Cape Breton to guarantee interest on certain mortgage 
bonds, and to asscvss the municipality for the annual 
payment of the interest guaranteed thereon," it was provided 
that the said Act should not come into operation until 
approved of by the Municipal Council of the County of 
Cape Breton ; 

And whereaSy the fisAd Municipal Council of the County 
of Cape Breton, by a resolution unanimously adopted and 
pa.ssed by said Municipal Council on the 7th day of May, 
1885, appioved of the said bill passed by the Legislature 
OS aforesaid, with the following amendments : 

1st. That no part or portion of the $200,000 mentioned 
in the said resolution, and in clause 3 of said bill be paid, 
laid out, or expended, in the purchasing or acquiring areas 
of any kind whatever. 

2nd. That the sum of $200,000 shall be expended and 
paid in the construction, actual mining, and manufac- 
turing of iron, within the County of Cape Breton. 

3rd. That when the net profits arising from the working 
of the said iron industry shall reach the sum of five per 
cent per annum on the actual outlay in the construction, 
mining and manufacturing of iron, then and in such case 
the said William VanSlooten, his associates or assigns, shall 
pay to the County Treasurer of the municipality of Cape 
Breton the sum of $5000.00, and the same shall become a 
debt due the said municipality, and an asset thereof, and 
in case the net profit thereof shall not reach five per cent 
per annum, then in such case the profits realized shall be 
paid the said municipality as aforesaid upon $100,000 
guaranteed pro rata. 



188& CHAPTER 74. 49 Via 238 

4th. That the books of the said company shall be 
always ard at all times open to any committee duly 
appointed by the Municipal Council to audit and examine 
the same, on behalf of the municipality ; 

Be it therefore enacted by the Qovernor, Council, and 
Assembly, as follows : 

1. No portion of the two hundred thousand dol'«^"S^e™ndlSL** 
mentioned in said resolutions and in clause three of the Act 

hereby amended, shall be paid, lai:1 out or pxpendec* in the 
purchase or acquiring by the said William VanSlooten, his 
heirs, associates, or assigns, or by any company he may form, 
of any mining area or areas whatsoever, but that the said 
sum of two hundred thousand dollars shall be expended and 
paid in the construction and erection of blastfurnaces, 
buildings, machinery, and necessary actual mining and 
manufacturing of iron within the County of Cape Breton. 

2. When the net profits arising from the working of 2^3^*^*^^^^ 
the said iron industry, shall reach the sum of five per centum Treaiuwr. 
per annum on the actual outlay in the construction and 
erection of blast-furnaces, buildings, machinery and 
necessary actual mininsf and manufacturing of iron, then 

and in such case the said William VanSlooten, his a<«sociates 
or assigns, shall pay to the county treasurer of the munici- 
pality of Cape Breton the sum of five thousand dollars, and 
the same shall become a debt due the said municipality, 
and an asset thereof. And in case the said net profit 
thereof shall not reach five per centum per annum, then and 
in such case the profit realized shall be paid to the said 
municipality as aforesaid upon the sum of one hundred 
thousand dollars guaranteed pro rata. 

3. Section 11 of said Act is hereby repealed, and ^^^ ?|2!S° Jd iT- 
following is substituted therefor: "The books and SSn subetituSi. 
accounts of the said William VanSlooten, his heirs, associates 

or assigns, or those of any company he may form to carry 
out the provisions of the Act h ereby amended, shall be at 
all times open to and subject to the examination of any 
committee duly appointed by the Municipal Council of the 
County of Cape Breton, to audit the same on behalf of the 
said municipality.'* 

4. Section 3 of chapter 57 of the Acts of 1885, is section s, cap. 
hereby amended by inserting the word "actual" between an»end«i. * 
the word " the" and the word " development" in the fifth 

line. 



23* 49 Vic. CHAPTER 75. 1886. 



CHAPTER 75. 

An Act to revive and amend the Act to incorporate the 
Cape Breton Railway Extension Company, Limited, 

(PtaMd the 11th day of Hay, A. D. 3880.) 



SlOTIOV. 

1. Cap 70, Acts 1884, except see. 9 revived. 

2. Section 8 Amended. 

8. Appointment of Proriaion«l DIreotora. 
4. Section 5 amended. 
6. Aot when to oeaae. 



Sktion. 

6. Section 17 amended. 

7. Company to have power to oontracft. 

8. Company may endorse paper, ko. 

9. Calle may be made by directors. 



Be it enacted by the Governor, Council, and Assembly, 
as follows ^— 

Cap. 70, Acts 1. Chapter 70 of the Acts of 1884. entitled, " An Act 
SfwvwS? **^ to incorporate the Cape Breton Railway Extension Company, 
(limited;" with the exception of the ninth section, is hereby 
revived, and shall have effect and operation from the passage 
of this Act, as fully and effectually as if the provisions 
thereof were severally re-enacted herein, except in so far as 
the same may be altered or amended by this Act. 

Sect. 3 amended. 2 Section 3 of Said Act is amended by insertins^ the 
words " hereinafter named or any two of them," after the 
word '' directors" on the fourth line of said section. 

Appointnaentof 8. Hosca S. Stock, A. J. Tulloch, and James J. White, 
nctore?'^ ' whuse names are mentioned in the first section of said Act, 
together with E. H. Talbot of Chicago, in the State of 
Illinois, United States of Ametica, esquire, shall be 
provisional directors under this Act and the said Act, and 
they shall remain in office xintil other directors are elected 
by the shareholders in accordance with the provisions of 
this Act and the Act hereby amended, and until directors 
are appointed under this Act and the said Act they shall 
have power and authority to fill vacancies occurring on the 
board, to open stock books, and obtain subscriptions to the 
capital stock of the undertaking, and call up instalments on 
the stock subscribed. 

Sect. 5 amended. 4. The j3fth scction of said Act is hereby amended by 
striking out the word " nine" in the second line of said 
section, and inserting the word " five" in lieu thereof, also 
by striking out the word " five" on the same line, and 
inserting in lieu thereof the word " three," and shall be 
read and operate as if the said substituted words bad been 
inserted in the said fifth section. 



18ML CHAPTER 75. 49 Vic, 234 

5. This Act shall cease and determine if the railway a<* ^*^ *o 
herein contemplated shall not be eflfectually commenced 

within one year from the first day of May next, and 
Tij»orously prosecuted and completed within three years 
from the said first day of May ensuing. 

6. The seventeenth section of the said Act is amended ^ *^ wnewi* 
by adding thereto after the word " places" in the third Hne 

of said section, the following three words, " in Canada or." 

7. The company shall have power to contract for thecomimiur to 
eoDfttructing, leasing, purchasing, and operating of an}' other townSn^' 
line of railway in Nova Scotia, with all and singular its 

lands, buildings, plant and appurtenances. 

8. So soon as the amount of the capital stock has been 2XrIop«pe^ 
subscribed, and ten per cent paid thereon, and directors &c. 
elected as provided in and by section three of said Act» the 
eompany shall have power and authority to become parties 

to promissory notes and bills of exchange of not less than 
one hundred dollars, and any such promissory note or bill 
of exchange, made, accepted or indorsed I y the president or 
vice president of the company, and countersigned by the 
•ecretary under the authority of a majority of a quorum of 
the directors, shall be binding on the company, and every 
dQcb promissory note or bill of exchange so made, shall be 
presumed to have been duly made with the proper authority, 
until the contrary be shewn, and in no case shall it be 
necessary to have the seal of the company afiixed to any 
promissory note or bill of exchange, nor shall the president 
or vice president, or secretary or treasurer of the company 
be individually responsible for the same, unless the said 
promissory note or bill of exchange has been issued without 
the authority or sanction of the board of directors, as herein 
provided and enacted. 

9. The directors may at any time call upon the share- c»jta a^y ^ 
holders for such instalments upon each share which theyr^cton. 
or any of the them may hold in the capital stock of the 
company, and in such proportion as they may see fit, except 
that no such instalment shall exceed ten per cent on the 
subscribed capital, and that one month's notice of each call 
shall he sent by mail by means of a registered letter to each 
shareholder, addressed to bU usual place of residence oar 
business. 



236 



49 Vic. 



CHAPTER 76. 



1886. 



CHAPTER 76. 

An Act to incorporate the Cape Breton Railway Mid Annex 
Steamboat Company, Limited. 

(PuMd the 11th day at Hay, A. D. MM.) 



Sicnoif. 


Sicnoir. 


1. 


Incorporation. 


11. 


List of stockholders to be filed. 


2. 


Capital stock. 


12. 


What property exempt from taxation. 


8. 


First Bieetinir, 


IS. 


Company may construct railways, Ac 


4. 


Stock fully paid up. 


14. 




6. 


Board o( directors. 


IB. 


Act when to cease, Ac. 


6. 


Special greneral meetings. 


16. 


Chief place of business. 


7. 


Transfer of nhares. 


17. 


Company may issue bonds, Ac. 


8. 


LAnds to be a oounty chargre. 


18. 


Company mav increase capitaL 
Company shall paint name, Ac. 


0. 


Company to make by-laws, &e. 


10. 


10. 


May purchase from other oompanlei. 







Be it enacted by the Governor, Council, and Assembly, 
as follows : — 

lacorpoimtion, j^ JatDPs C. Mackintosh, Mayor of the city of Halifax, 

banker, E. F. DeCarap, of the city of New York, broker, 
and A, C. Ross, of North Sydney, in the County of Cape 
Breton, and such other persons as they may associate with 
them in the said company hereby established, and their 
successors, shall be a body corporate by the name of the 
Cape Breton Railway and Annex Steamboat Company, 
(limited,) for the purpose of constructing a railway from 
the Strait of Canso to St. Peter's in the County of 
• Richmond, and from East Bay in the County of Cape 
Breton to Sydney in the same County, and from North 
Sydney, C. B., to a point at Little Bras d*Or. below George's 
River, the whole number of miles built to be not less than 
forty-eight, and also for the purpose of acquiring, estab- 
lishing and operating lines of steamers and ferry boats 
connecting with said railways at all points on the harbours 
and lakes of Cape Breton, and crossing the Strait of Canso 
and connecting with the eastern extension at Port Mulgrave, 
also with branches to connect with any other railway in 
this Province, such connecting linas, however, to be first 
approved by the Governor-in-Council ; and generally for the 
transaction of all business connected therewith or necessarily 
or usually performed on or by railways and steamboat 
companies, for constructing such wharves, piers, docks, 
bridges or other erections as may be necessary for the same 
under the powers, afithorities and provisions of this Act, and 
also of chapter 70 of the Revised Statutes, 3rd series, and 
of chapter 70 of the N. S. Statutes of 1880, except as 
may be herein otherwise provided, according to the Nova 
Scotia Railway Act 1880, so far as the same shall be 
applicable to such railway. 



1886. CHAPTER 76. 49 Vic. 237 

i The capital stock of the company shall be one and c^it»i ■*oo>^ 
a half million dollars in stock and bonds, to be divided in 
shares of one hundred dollars each, and the money so raised 
shall be applied in the first place to the payment of all fees, 
expenses and disbursements for procuring the passing of 
this Act, secondly, for making or acquiring the surveys, 
plans and estimates connected with the works hereby 
authorized, and all the remainder of such money shall be 
applied to the making, equipping, completing and main- 
taining of the said railway and steamboat services and 
other purposes of this Act. 

3. When and so soon as shares to the amount of r^"* «>««**««• 
one hundred thousand dollars in the capital stock of the 
company have been subscribed, and ten per cent, paid 
thereon, the provisional directors shall call a general meeting 

of the subscribers to the said capital stock at the city of 
Halifax, for the purpose of electing directors of the 
company, giving at least two weeks' notice by public 
a<lTertisement in one of the newspapers published in said 
city, and by notice in writing, postage prepaid, to each of 
the said subscribers. 

4. The stock issued for the purpose of lands, wharves, stock fuiiy piOd 
boildings, machinery, privileges, mines, or other property, ^' 

or for commission, salary or bonus, shall, when issued in 
payment for such purposes, be declared and held to be fully 
paid stock, and shall not be subject to any further call, nor 
shall the holder of such stock be liable for any pay men t on 
account thereof. 

5. The business affairs and concerns of the company gjj«'o'<^*»'«>- 
shall be managed by a board of five directors, of whom three 

shall form a quorum ; the board of directors may employ 
one or more of their members as paid director or directors ; 
no person shall be qualified to be elected or continue as 
director unless he be a shareholder holding at least ten 
shares of the Company in his own right, and is not in arrear 
for any call thereon. 

6. A special general meeting of the shareholders of the ^i»«fti jenemi 
company may be called at any time by the directors, or by 
one-fourth part in value of the shareholders of the com- 
pany, after refusal or neglect by the directors to call the 

same, but notice thereof stating the object for which the 
meeting is called, signed by the secretary of the company, 
or by the shareholders calling the same, must be sent by 
post or otherwise to each shareholder three weeks before 
the day on which the said meeting is to be held, and must 



238 



49 Via 



CHAPTER 76. 



1886. 



)iuna(«r of 



Lands to be 
twuBty chaiye. 



also be inserted once a week for four saccessive weeks 
previous to the said meeting in one newspaper published in 
the city of Halifax. 

7k The transfer o^ shares in the company shall be valid 
and effectual for all purpo.^)es from the time such transfer is 
made and entered in the books of the company. 

fc 8. The land required for the railW^ay track and appur- 
tenances shall be provided gratis to the company, and shall 
be a county charge on the several counties through which 
said line of railway passes, with the right of entering on 
all ungranted lands belonging to the Province, and of caking 
therefrom free of all cost, all materials required for such 
railway in accordance with the provisions of sections 11, 
12,13, 14 and 15 of chapter 70 of the Revised Statutes, 
8rd series { the lands so acquired shall be the property of 
the company who are hereby authorized to exercise all the 
powers necessary for locating and completing such railway, 
to purchase, take and hold within and without the Province, 
lands, houses, materials^ or engine, cars and all the appur- 
tenances of a railway, to make such connections as they 
may think proper with other railways and steamboat com^ 
panics Within or without the Province) either by leasing 
iheir road to other corporations on such terms and for 
such length of time as may be agreed upon, or by consoli- 
dating the stock of their road with that of any other 
railroad company, or with the governments of Canada, 
Nova Scotia and New Brunswick, upon such terms as may 
be agreed upon, and to make, execute and deliver good 
sufficient' mortgage deeds of their road and of all its branches, 
or to make, execute and deliver debentures to such private 
persons or companies within or without the Province as 
they may think the interests of the stock holders of the 
Company hereby incorporated require* 

0. The company shall run such railway and steam 
service, and generally shall do all such acts and make such 
rules and regulations in respect thereof as may be necessary 
and expedient, and the Company shall have power to make, 
ordain and establish all necessary by-laws and regulations 
consistent with the laws in force in this Province for their 
own government, the due and orderly conducting of their 
affairs, the levying of tolls^ and the general management of 
their property. 

May puTOhM6 10. The Company sh all have power and be at liberty 

jTMo^theroomw ^^ negotiate for, and in their corporate name to purchase 

and lease any lines of railroads or tramroads> with all the 



Company to 
taake by-laws, 
Ac. 



1886. CHAPTER 76. 49 Via 239 

plants^ privileges and appurtenances to the same belonging or 
appertaining, and the name to re-sell or sub-lease, and all 
proper and necessary deeds, releases, assignments and con- 
veyances, to execute and deliver, and to receive and to hold, 
and the lines of railroad or tramroad so purchased or 
leased to possess, hold, use and enjoy in as full and ample 
a manner as if built under the provisions of this Actt 

11. A list of stockholders of the company and of the JiJj^^'jJ ^^ 
number of shares held by each of them on the first offlied. 
January in each year, certified under the hands of the 
president and secretary, shall be tiled in the month of 
January in each year, with registrar of deeds for the counties 
through which said railways shall pass, and it shall not be 
necessary to file any other certificate of transfer or copy 
thereof. 

12. The following pioperty shall be exempt from what property 
taxation, that is to say : The railways, rolling stock and ta^^^n. "''" 
railway stations, and lands attached thereto, and to the 
railway; also, wharves, piers, docks, bridges., or other erec* 

tions and all other appurtenances including steamboats 
and the appurtenances to the same belonging to the said 
company. 

13. It shall be lawful for the company to make and ^^p|^J[ |^f 
construct a railway over, under, or across any road, railroad, ^v*, Ac* 

or tramroad, and over or across any road in the line of the 
projected railroad, and over, under, or across any harbor, 
cove, canal, riter, brook, or stream, subject nevertheless in 
such case to the provisions of chap» 53 of the Revised 
Statutes, 5th series, in respect thereof, and also to any 
regulations to be made by the Municipal Council to insure 
the safety of the inhabitants and their property^ 

14. The books and accounts of the company shall atBookt open to 
all times be open to the examination of such peisons as the "'^*^ ^^ 
Governor'-in-Council shall appoint to inspect the same. 

15. This Act shall cease and determine if the railroad ^^^eo tg 
herein contemplated and mentioned shall not be efiectually 
commenced within one year from the first day of May next, 

and vigorously prosecuted and completed within three 
years from the date of its passing. 

16. The chief place of business of the company shall be ^^newIT* ^' 
at the city of Halifax, but the company may from time to 

time by by-law appoint and fix other places beyond the ' 
limits of Canada at which the business of the Company 
may be transacted, and at which the directors or shares 



240 49 Vic. CHAPTER 76. ISSa 

holders may meet when called as shall be determiaed by 
the by-laws. 

Company m»y 17. The company under the authority of a sf^ecial 

Ueue bond*, g^n^raj nieeting of the shareholders called for the purpose, 
ma,v issue mortgage bonds to the extent of twenty thousand 
dollars per mile, for the purpose of the undertaking 
authorized by this Act, which issue shall constitute a first 
mortgage and privilege upon the said railway and the said 
steamboats constructed or acquired, or to be thereafter con* 
structed or acquired, and upon its property real and 
personal acquired and to be thereafter acquired, including 
rolling stock and plant, and upon its tolls and revenues 
after deduction from such tolls and revenues of working 
expenses, and upon the franchises of the company ; the 
whole as shall be declared and described as so mortgaged 
in any deed or mortgage as hereinafter provided, and pro- 
vided also that in the event of the interest at any time 
upon the said bonds remaining unpaid and owing then at 
the next ensuing annual general meeting of the company, 
and at all general meetings as long as the said default shall 
continue, all holders of bonds shall have and possess the 
same rights, privileges and qualifications for directors and 
for voting as they would have had if the bonds they held 
had been shares, provided that the bonds and any transfers 
thereof shall have been first registered in the same manner 
as is provided for the registration of shares, and it shall be 
the duty of the secretary of the company to register the 
same on being required to do so by any holder thereof; 
and the company may providafor the payment annually of 
a sum, by way of a sinking fund, towards the payment of 
the principal of the said bonds, and such sinking fund may 
be invested in the repurchase or redemption of the bonds 
of the company. 

Company may 18. The Company shall have power to increase the 
increase capita, g^pj^j gtock to three milUou doUars by issuing new shares 
of one hundred dollars each or debenture bonds, as the 
company shall require or determine, and it shall be lawful 
for the company to take lands, mines, buildings, wharves, 
machinery, mining rights, privileges or property in payment 
of stock subscribed for or of any instalments due thereon, 
at such valuation as the company through their directors 
shall decide. 

Company shall 19. The Company shall paint or affix, and keep painted 

paint name, Ac ^^ aflSxcd, their name, with the word " Limited" after it, on 

the outside of every ofGce or place in which the business of 

the company is carried on in a conspicuous pos'ition in letters 



1886. CHAPTERS 77—78. 49 Vic. 241 

easily legible, and shall have their name with said word 
"limited" after it, mentioned in legible characters in all 
notices, advertisements and other official publications of the 
company, and other writings used in the transaction of the 
business of the company ; and for every neglect of a full 
compliance with the foregoing provisions of this section by 
any director or officer of the company, such director or 
officer shall be liable to a penalty of twenty dollars. 

CHAPTER 77. 

An Act to legalize proceedings of the Warden and Councillors 
for the Town of Sydney, in the County of Cape 
Breton. 

(PMwd the 11th das of Ifay, A. D. 1886.) 

Sicno*. I Sktiov. 

L ProcMdini^ of Ooundl ]«g»liaed. \ t. Appointments ntifled and conflrnied. 

Be it enacted by the Governor, Council, and Assembly, 
as follows : — 

1. All proceedings of the Warden and Councillors of the prooeediogi of 
town of Sydney, in their capacity as the Town Council of jj^"*^" '•»^' 
Sydney, are hereby legalized and confirmed, notwithstanding 

that the provij?ions of section 30 of chapter 87, incorporat- 
ing said town of Sydney, may not have been technically or 
formally complied with. 

2. All appointments made by said Town Council ^''^ ii^S^Jjy**^, 
hereby ratified and confirmed. Armed. ^ 



CHAPTER 78. 

An Act to amend chapter 31 of the Acts of 1882 relating 
to electoral districts in the Countv of Colchester. 



the Uth day of Mi^, A.D. 1886.) 
Sicnoir 1.— PollioK piece fer New Annan altered. 

Be it enacted by the Governor, Council, and Assembly, 
as follows : — 

1. Section 5 of the said Act is hereby repealed, and PoUingr place for 
the polling place for the polling district No. 12, New f/rlld,^""^ ■*" 
Annan, County of Colchester, shall be at or near the 
Presbyterian Church, West New Annan. 
16 



]!48 49 Via CHAPTER 79, 188«. 



CHAPTER 79, 

An Act to amend an Act to enable the Municipality of 
Colchester to borrow money to build a registry office. 

(PMMd lh« Utb (hgr of Umj^, A. D. UM.) 

Baffnoa. i Swnoir. 

1. Cap. 61 Acte 1886 MDendtd. | 2< Fofto of dtlMiitiifw to bv isiiMd. 

Be it enacted by the QoTernor, Council, and Assembly, 
as follows: — 

Cft& 61, Acts 1. Chapter 61 of the Acts of 1885, entitled ''An Act 
i8», ammded. ^^ enable the municipality of Colchester to borrow money 
to build a registry office/' is amended as follows i The 
word " six'' in the fourth line of the first section of said 
Act is hereby struck oot^and the word "eight'' substituted 
in lieu thereof. 

iv>nii of da- 2. The debentures to be issued under said Act shall 

bentaraetobo |^ -^ ^y^^ £^^^ -^ schedule A annexed to this Act. 



SCHEDULE A. 
No. -*-*— Debenture- 

MaNIClPALlTY OF COLCHESTER. 



LOA^ FOR BEOISTRY OFFICE. 

Under the authority of an Act of the Legislature A. D. 
1885, the municipality of Colchester, in the province of 
Mova Scotia, will pay to the bearer, at the office of the 

Treasurer of the municipality, the sum of — — dollars 

in years from the date hereof, and interest for 

the same at the rate of — — per centum per annum, 

payable half yearly, as per coupons hereto attached. 

Dated at Truro this — day of ■■ ■-, A. D. 188—. 

[seal.] 

A. B., Warden^ 
0. D., Cleik 



^ k. 



1886. •CHAlTEfR 80. 48 Vic. fi*S 



CHAPTER 8a 

•An Act to enable 'the Municipality of Colebeiiter to borrow 
iDoney to defray existing claims. 

(IHuHMl thelltli ^ of May, A. D, 1886.) 

Skcrioir. 
S. hirtalmant, Ac, to lie added to 
flMeMUnent. 
Siche44ile. Form of deboatun* 



L ilmnldiiallty authorised to Irarrow. 
1 Leodemto Moeive debeotane. 



Be it enacted by the Governor, Council, and Assembly, 
as follows : — 

1. Tbe oitmicipality of Colchester is hereby anthorieed Sori2S*to^iir 
and empowered to borrow, on the credit of >the said muni-n>w. 
cipality and tbe security of this Act, a sum of money ngt 

to exceed 'five thousand six hnndred dollars, for the purpose 
of payingxlaitns against said municipality, and shall repay 
the same in fotir annual instalments of fourteen hundred 
dollars with interest not exceeding six per cent, per annum, 
7«yaUe half yearly, the first of suchinstaftnents to be paid 
in four years after the issue of the debentures or coupon 
bonds hereinafter authorized. 

2. The warden and clerk Of ^said municipality shall JJIJ^^'JI^^^ 
give lo the -lender or lenders of said money, debentures or »"'«•• 
coupon 4)ond8, seiiled with the^eal (tf the municipality, for 

such amount as the warden and clerk shall determine for 
tach instaltnent as aforesaid, ia ^the form Df Schedule A 
annexed to this Act. 

8, The Municipal KTouncil -shiiK annually add to the>»^»n«J'.*c. 
amount to be assessed and levied on the municipality for MMssment. 
general purposes, a sura sufficient to pay each annual 
instalment, as it shaU become due, together with the 
interest aecraing npon the tinpaid principal moneys bor- 
rowed under *the authority of this Act, and expense of 
collecting and disbursing the same, and if the several 
ioRtalments and interest as hereinbeffore provided are not 
paid at maturity, a Judge df tbe Supreme Court may 
amerce ihemunicipality for the amount due thereon. 

SCHEDULE A. ^fSSStuJ?.*" 

TtftJKioiPALrrT Cf Oolchest^r. 
l)ebenture — ^— =• — , 

Under the aulhority of the Le^slature of Ndva "Scotia, 
A. D. 1886, tbe municipality of Colchester will pay to the 



2«4 



49 Vic. 



CHAPTER 81. 



1888. 



bearer hereof, at the office of the treasurer of said muni- 
cipality, the sum of — '■ dohhstrs in years- 

Irom the date hereof and interest at the rate of 

per centum per ammm,. payable haK yearly aithe treasurer's 
office, on presenlation of the intevest coirpon hereto- 
attached. 



Dated at Truro, thiis- • 
[seal.] 



- day of 



-,A.D.188^. 



A. B^ Warden. 
G.I),rCterh 



ffbamble. 



CHAPTER 81. 

An Act to-providie for the Manaorement and Impiovement 
of the Cemetery in Upper Stewiacke,, in the County 
of Colchester. 



Aicorponfiom 



(Paiwd 



llwmirdhy of Hsr, A. D: I886.y 



Preamble: 
IncorporatioDv 
MemMra of oorporatfon. 
Corporation mav sue, j&o^ 
Appointment of president «nd seere* 

tery* 
Trustees and their retirement, kc: 
Anoual meetimrs, how called. 
Power to vote moneys, Ac: 



1. 
2. 
8. 

C. 

6. 

e. 

7. 



Bmtioh. 

8. Annual aocouot to-fM eobraltted; 

0.- Trustees may make by-laws, fto. 

10: Vacancy in trust how filled. 

11. Secretary to keep plan, 

iZ eHgtbilityafftrasfee: 

18. Ceoietery open for all dL 

14. Roads not to be openedP. 

15. Peaaltv for injufy te^property, to, 
I64 Anoufli meeting, when Held. 



Wherea», vn the original grant of Upper Stewiacke » 
reservation was made of a certain portion of land commonly 
known as the Grave yard lot, as- and for a pubKc burfal 
ground, and the same has for the period of one hundred 
years been occupied as such ;: 

And whereas, there are na persons properly authorized 
to take charge of such burial ground, and in consequence 
thereof it is not properly fenced or enclosed, and the graves^ 
and tombstones are trampled npoa by eattle rtinning at 
large over them, and it is desirable that trustees should be 
appointed to take charge thereof > 

Be it therefore enacted by the OoTernor, Council, and 
Assembly, as follows •. 

1, David McG. Johnson, John Gaminelly 4th, James S. 
Tupper, Robert Jefiers and William Fraser, their associates^ 
successors and as&igns are hereby constituted a body 
corporate by the name of the Upper Stewiacke Cemetery 
Company, for the purpose of possessing, conducting and 
managing the public burying ground in Upper Stewiacke 
which was reserved a» such in thie grant thereofr 



1886 CHAPTER SL ^ 40 Vic. 245 

2. All the ratable inhabitants of the following Bchool i(«n^n or oor- 
•districts, namely, Village, Gross Beads, Newton Mills, ^ ^'^ 
Meadow v«le and Soivth^sJe, ai^d who hereafter shall become 

«uch, and all others who shall choose to become such, shall 
be members of the corporation. Notwithstanding, no 

Crson professing ts be ii Saptist «ha4i be compelled to 
corner fioember of ibe eorporatioo. 

3. The eorporatien may sve and be sued, and maycorporauoimuior 
prosecute and defend all s»eh suits at law or. in equity as****' *** 
may be necessary in connection with or in relation to suck 
cemetery ground or any part ihereol 

4. The trustees named in this Act, and their successors Appointment of 
^all appoint from among themseUee a president, «ndjseoretAi7. 
secretary, wiio may aIso be treasurer. 

^. The number of trustees shall be five, and "^^oseTra^o®*^ 
named in this Act shall hold office until the third annualjuent,fte. 
meeting of the corporation after the passing of this Act, at ^ 

vhich tkne two ^ef tbem <to be seilec^ed by ballot, shall retire 
and two others shall be elected by ballot in their place. At 
the next ^mnual ^meeting thereafter^ two of their number 
sball again retiTe hy ballot as aforesaid, and their places be 
£lled by two others electee) in 4iie same way, and so on 
annually, the retiring members being adways seniors, and 
eligible for re-eioctton. 

6.' Tbe ^aocmail ineetinge f^haH be -catled %y advertise- Annual meet. 
«Dent, poAted in three or more ^f -the most public places "Jf^'*^***®*"®^ 
within the bounds of the corporation, at least two weeks 
tefofe the second Tuesday in Api'ii in each awd every year, 
and special meetings shajlbe summoned m the same manner, 
specifying the business for which the meeting is called, at 
least ten days before the time of holding such meetings. 
The said advertisements shall be signed by the president 
and secretary. The first meeting of the corporation shall 
be called by the trustees as soon a.fter the parsing of this 
Act as shail be found •convenient, in mafiner aforesaid. 

7. It shalf and may be lawful for the said corporation ^wer to vote 
at their several tneetings, to be 'Convened and held as afore-"**"*'** 
^id, to vote such -sum or sums of money as a majority of 
members at such meeting may think proper and necessary 
for the fencing, ornamenting, and the due order and keeping 
ef said cemetery, which money so voted shall be assessed 
open the members of the corporation, and may be recovered 
a** a private debt due the trustees or any person dulj 
authorised by t^e trustees to collect or receive the «ame. 



2M 



49 Vld. 



CHAPTER 81v 



wsei 



Annual account 
tob&futenttted. 



Trustees nifty 
nftke by-laws, . 



vaoanev inr 
tru«t, now 
filled. 



Sscretary tD> 



EligibiHty m 
trustssw 



Oemetery open 
tor all olasses. 



8. At each annual meeting tbe trustees sball submit a. 
tcue and oorrect aocount of ali tbe monies received and 
expended by them for the benefit ofibheoemetenyduiing the 
year then expired.. 

9*. "Pbe tiMSfiteeft shall have power to make by-laws, 
rules, and regulations for managing, and for taking care of ' 
the cemetery, for the ornamenting and kn proving thereof, 
for hiying out streets, paths^and k)ts, and appropriation of 
such ibt<t, and«for the regulation of aU matters essential to* 
the proper transaction of the same, and may appoint such, 
officers as they may thitik pnoper for the manageBientof the- 
affairs of the cemetery.. 

1ft If any trustee shaM die,, resign, er i^move ft-om the> 
bounds of the corporation while in office, his place may be- 
filled at any annaa> or special meeting called for the- 
purpose. At every meeting each lot holder shall, have but 
ane vote. 

IL The seeretary shall keep a pittn showmg the lots> 
of the eemetery with tfie name of the* owner, and a> list to- 
be subscribed by the lot holders, which shall be evidence of/ 
the right of each R»bseriber to paptieipate in the advaatages. 
and oU'igattons of the eorpovatios.. 

12. No member of the corporation shaH be sKgi^^Ie to* 
the offiee of trustee,, or be aNowed to vote at any meeting: 
of the corporation, unless he shall have paid all assessments. 
en tbe lob or lots^beld by him.. 

] &. The said cemetery shall be open f er the interment of 
the dead of all classes and denominations of persons^ and 
according to- the riles and oeKemonies^ iheiv friends may 
wish.. 



Roads not to *>«. 
op«Bcd. 



14 It shall not be lawful for the municipaUty of' 
Colchester or any other authority to open aiiy road through/ 
the gvonnds of bhe corporation without its consent. 

Fanaity for in» ISv Any pcrson who shall wyfuUy destroy,, iojjure, or 
1S7*^'^™**'**' carry away any fence, gate, monument, mound, embank- 
ment, tree er plant, or other property in or upon the lands^ 
or burial grounds of the corporation, whether there naturally 
or the work of art, oe shall) play at any game or sport, or 
shall commit any nuisance, or carry into the eemetery or 
have in his possession white there any firearms, fireworks, 
or gunpowder, shall be punished by a fine of not less thaik 
five doilairs, nor more than fifty dollars,, to be recaveredi 



1886. CHAPTERS 88— »S. 49 Via 2«r 

upon conviction before any two justices of the peace for the 
county of Colchester, upon complaint of any member of 
the eorporation, and the offender shall also be subject to an 
action for damages. 

16. The annual meeting of the corporation shall be ^JJ^^J 
beld on the second Tuesday of April in each and every 
year. 



CHAPTER 82. 

An Act to authorize the sale of the Old Town Hali in Upper 
Stewiacke, in the County of Colehesten 

<PaMedtheUtfadajoCtfa7, A. D. IflM.) 
flienov.^l. Sale of Towv Hall autboriaed. 

Be it enacted by the Governor, Council, and Assembly, 
as follows : 

1. Georjre Fulton, esquire, Robert B. Smith, M. D.,8jg^<2^j2S. 
Alfred Dickie, and Milton S. Cox, are hereby authorized to 
fiell and dispose of the Town Hall at Upper Stewiacke, and 
to appropriate the proceeds of such sale towards the erection ^ 

of a new hall in the village of said place. 



CHAPTER 83, 

An Act to amend an Act to enable the Municipality of 
Cumberland to borrow money for railway purposes. 

iFaflwdlli#lUh4aj«r Vay^A. D. UM.) 
SwcaoK.-^h Cap. i% Acta 1884, 8uspende<L 

Be it enacted by the Governor, Council, and Assembly, 
aB follows; t 

1. Chapter 42 of the Acts of 1884, entitled " An Act<^ .^Lnd^ 
to enable the Municipality of Cumberland to borrow money * ' ■""p*"*' 
for Railway purposes,'* is hereby suspended, and shall have 
no force or effect until published in the Royal Qazeite by 
order of the Governor^in-CounciL 



248 49 Vic. CHAPTER 84. 1886. 



CHAFFER 84. 

An Act to further amend the Act to authorize the removal 
of an Aboiteau across the La Planche River. 

(PMMd the 11th day of Mty, A. D., 1886.) 



SKTnoir. 

1. BoundoriM of Amhent Body of Manh. 

2. Pluj to b« filed with clerk of Body. 
8. Commiaiionera may horrow money. 



SscnoK. 

4. Sect. repealed and Section lahMl- 

tuted. 

5. Aneeeroent, how collected. 

6. Money borrowed to be a flnt lien. 



Be it enacted by the Governor, Council and Assembly 
as follows : 

Boundaries of 1. The boundaries of the Amherst body of marsh shall 

of^manh. ' be as follows : Commencing on the Fort Lawrence side of 
the new iron bridge on the road to Fort Lawrence where 
the bridge crosses the LaPIanche River, thence following 
the various windings and courses of the said river until 
it comes to the line ditch dividing the marsh of Judge 
Morse from the marsh of Jesse Harding, thence running 
along this ditch until it reaches the new dyke on Morse's 
land, thence following the new dyke in the direction of 
Fort Lawrence until it reaches the end of the dyke where it 
joins the Foft Lawrence ridge of upland, thence in an 
easterly direction the line where the upland of the Fort 
Lawrence ridge joins the bog or sunken marsh, until it 
comes to the eastern boundary of big lot No. 2 or the 
dividing line of big lot No. 2 or Church's lot so called, 
thence in a south-easterly direction along said line of big 
lot No. 2 until it comes to the river LaPIanche, thence 
following the river LaPIanche in an easterly direction until 
it comes to the mouth of Beaver Brook, thence along the 
western bank of Beaver Brook in a southerly direction 
towards the Amherst ridge of upland or until it comes to 
the upland on the edge of the marsh owned by Alexander 
Black, thence westerly along the line of uplands on the 
Amherst ridge of upland until it comes to the Intercolonial 
Railway near Robb's Foundry, thence in a northerly 
direction along the railway until it comes to a dyke owned 
by said Amherst body of marsh on the western side of said 
railway, thence following the dyke to where it joins the 
road leading to the bridge, thence along the road and bridge 
to the place of beginning, the number of acres in said body 
of marsh being four thousand more or less. 

piMi to be filed 2 It shall be the duty of the commissioners or a 
with oieric of ^^j^^^^y ^f them, now or hereafter to be appointed under 



p 



1886, CHAPTER 84 49 Vic. 249 

this Act or the amended Acts, to cause a plan of the lands 
embraced in the Amherst body of marsh to be made and 
filed with the clerk of the body, said plan to set forth the 
name of each and every proprietor in said body and the 
number of acres owned or possessed by him, and which 
said plan when so made and filed shall be prima facie 
evidence of the number of acres and of the proprietors. 

3. The commissioners, or a majority of them, appointed oommiMionew 
under this Act or any amendments thereof, shall have power SSJey. "^'^ 
if they see fit to borrow money for the purposes of this Act, 
and in manner and form pointed out by this Act or any 
amended Act, so as the amount in the whole borrowed or 
to be borrowed shall not exceed the sum of ten thousand 
dollars. 

4 Section 9 of the Act passed in the year 1882, l^eingseot. ^►r«^«i«d^ 
an Act to authorize the removal of an aboiteau across the!tituted.^° "" 
La Planche river, is hereby repealed, and the following is 
substituted therefor : 

"The moneys assessed or from time to time to be 
assessed for the repayment of the moneys borrowed or to 
be borrowed under this Act or any amended Acts, now or 
hereafter to be passed, shall be collected and payment 
thereof^enforced as follows: — So soon as any assessment 
roll is made and completed the clerk of the commiasioners 
under the direction of the commissioners, or a majority of 
them who may happen to be commissioners at the time, 
shall from time to time give notice in writing to each 
proprietor of the amount for which he is or may ba from 
time to time assessed or rated, by leaving the same at his 
residence or last place of abode, requiring the amount to be 
paid within thirty days, and in case the same is not paid 
within thirt}' days the clerk shall at the expiration of such 
time make oath in writing before a justice of the peace, 
not being a proprietor in the said body of marsh, that due 
notice has been given and that the amount has not been 
paid to him, and thereupon it shall be the duty of the 
justice of the peacejon being tendered a fee of thirty cents, 
to issue a warrant of distress (in form O), which warrant 
shall be addressed to the collector appointed or to be 
appointed by the commissioners, or a majority of them, and 
the said collector shall proceed forthwith to collect and get 
in the amount for which the individual delinquent pro-- 
prietor is assessed on the roll or rolls." 

5. Upon the warrant of distress (O) being issued against AweMmcnt,hoir 
any delinquent proprietor, the collector shall proceed **"~*^* 



250 49 Vic. CHAPTER 84. 1886. 

thereon and collect the same in the manner, and be 
authorized and empowered to collect the same fees (with 
the exception of poundage.) as directed and allowed 
constables under chapter 102, ** Of Civil Procedure in 
Magistrates' Courts/' Revised Statutes, fifth series, and 
chapter 128, same series, and upon the collector returning 
to the clerk of the body such distress warrant, unsatisfied 
in whole or part, the clerk shall then proceed, under the 
direction of the commissioners or a majority of them, to 
sell the lands on which the rate is assessed, or so much 
thereof as is necessary to pay the whjle rate then assessed, 
or such part thereof as may be due and unpaid, and expenses, 
first giving three months' notice of the time and place of 
such sale in four of the most public places in the township 
wherein the lands lie, and shall execute and deliver to the 
purchaser a valid deed of said lands, for which deed and his 
attention about the sale the clerk shall be entitled out of 
the proceeds to the sum of two dollars. A recital in the 
deed of the rate on the assessment roll or rolls, the issue of 
the warrant, and of hand-bills having been duly posted, 
shall be 'prima facie evidence of the facts. 

Money borrowed 6. The moncys borrowed or in the future to be 
^°" borrowed under this Act or any amendments thereof now 
or hereafter to be passed, whether principal, interest, 6r both, 
and the debentures which now or hereafter may represent 
the money borrowed or to be borrowed in the future, 
whether principal, interest, or both, shall form and constitute 
a first and preferential lien on all lands in the said body of 
marsh, and shall have precedence in repayment in and over 
every other claim, lien or demand whatsoever, and all 
conveyances or transfers of any of the lands in said body 
shall be subject to the lien hereby created for the repay* 
ment of the moneys borrowed or to be borrowed, until the 
whole moneys borrowed or to be borrowed, whf^ther for 
principal, interest, or both, are repaid to the lenders, under 
the debentures now or hereafter to be issued. 



Form 0, referred to in thia Act. 

Cumberland SS. 

To A, JB., Collector of the Commieeioners of the Amherat 
Body of Marsh : 

Distrain the goods and chattels of E. F. in any part of 
the County of Cumberland for ' dollars, being 



I 



1886. CHAPTER 83, 49 Vic. 251 

the amouDi assessed upon the marsh lands of E. F. in the 
Amherst body of marsh, and proceed thereon according to 
law. 

Dated at Amherst, this day of , A. D., 188—. 

P. P , J. P. [L.S.] 



CHAPTER 85. 

An Act to authorise the construction of an Aboiteau in the 
County of Cumberland. 

(PMMdtti»nUid»yorMv,A« D. 18860 



Bucnoii. 
L CoDtml«ioB«n ftutborlMd to •onitruet 



L No action to b# ^roufbl afiUoil com- 



Sktioh. 
& Governor ia Ck>unof] wmj nuk* ]Mi|r< 
w«nt 



Be it enacted by the Governor, Council^ and Assembly, 
as follows ; 

1. The Gomrainsioners of sewers chosen to build an oominij«rijoe« 
aboiteau across the waters at the head of Wallace Bay, construct 
Cumberland County, or such other person as the Governor- •*^*****' 
in-Council may appoint, are, wxth the consent of the Com- 
missioner of Public Works and Mines, hereby authorised and 
empowered to build an aboitesu across the river or water 
at the head of said Bay, on or near the site of the bridf^fe 
known as aboiteau bridge, and for that purpose, with said 
consent, to tear up and remove said bridge, and use the 
9ame, and the road and approaches leading thereto, and to 
impede, delay or obstruct traffic and passage over said bridge 
and approaches ho far and as long as may be necessary for 
the construction of said aboiteau. 

2. No action shall be brought or maintained against?^ «!"on*<>^ 

ittlA •• .1* #.11* ^ brought agAlntt 

aaio commissioners or their successors for the doing of any commissioiifin. 
act or thing authorised by the preceding section hereof, and 
done with the consent therein mentioned^ whether the same 
^aa done before or after the passage of this Act. 

3. The Gtovemor-in -Council may, on such terms and ^jfTJIiSf^* 

ny\A i_ t • • 1 1 Council maj 

«naer Bucn agreements and restrictions as he may deemoMke p^y- 
w»t, pay towards the construction of said aboiteau out of"*"** 
jj^c bridge fund at the credit of the municipality of 
V^Qtoberland, such sum as ir*ay be deemed equal to the 
money that will be saved to said fund by the construction 
o' Baid aboiteau in the plaoe and stead of the said bridge^ 



262 



49 Via 



CHAPTER 86. 



1886* 



CHAPTER 86. 

An Act to amend the Acts relating to the Town of 
Dartmouth. 



(FlMsed the 11th di^ of May. A. D. IfiM.) 



Swcnov. 

1. Incorporation. 

2. Government of town. 
S. Who shftU vote. 

4. Election, mhen held. 

5. Warder, when t^ retire, &a 

6. EIeotion«, ho^ conductedL 

7. Notice to be posted. 

8. Ust of electors. 

0. Proposition of candidates. 

10. If only one candidate. 

11. Openinir and dosing of poll. 

12. Presidinir officer refusinir to serve, kc. 
la Ballot boxes provided. 

14. Who to be present at polL 

16. Ballot boxes to be shewn. 
1«. Voting to be by ballot. 

17. Mode of procedure. 

18. Electors' names to be written. 
10. Ballot, how to be rejected. 

20. Ballot, when not counted. 

21. Return of ballot papers. 

22. Paper and pencils. 

28. Presiding officer may vote, iic. 

24. Result of election reported, 

tt. Not to interfere with voter. 

^ Fraudulent voting. 

27. Promises of money, Ac. 

28. Dinqualiflcaiion of Warden, te. 

29. Who capable of election, ke. 

80. Disquolifloatioii. 

81. Disqualiflcatioo. 

82. Exemptions. 

88. Penalty for refnsal to serve. 

84. Office, how vacated. 

86. Vacancy, how filled. 

80. Ap|)ointmcnt of presiding councillor. 

87. Election to vacancy, how conducted. 

88. Warden, Ac. , to be sworn. 
80. Duties of Warden. 

•40. Duties of Councillors. 

41. Ck>mmittees to report. 

42. Ouarterly meetings of CouudL 
48. Written notice of meetings. 
44. Who to prerfde. 

46. Town a separate poor district 
40. Powers of Councfl. 

47. Appointment of officers. 
48 Appointment of auditors. 
40. Eligibility as auditor. 

60. Accounts of Clerk and Treasurer. 

51. Auditors* abstract to be printed. 

52. Appeals from assessment. 
63. Court to hear appeals. 
54. If no quorum present. 

66. Court may issve aubpoBM*. 

50. Witnesses to be sworn. 

57. Town Clerk to post list. 

56. List of apuaals to be prepared. 

59. Court to finally determine matter. 

00. Powers of Court. 

61. Decision to be final, except 

62. Order to be preserved is Court. 

48. Assessment roll to be valid. 

04. Court may decide without evidence. 

46. Court may proceed «a; parte. 
00. Witnesses entitled to fee. 

47. Rehearing in certain eases. 

48L Streets, &c., absolutely vested in 
town. 



Sionov. 

00. Council empowered to improve streets, 
Ac. 

70. Owner of adjoining land, iu*. 

71. Survey and plan to be made. 

72. Owner of land to be notified, 4e. 

78. Arbitrators to be freeholders. 

74. Where owner not known. 

76. Money may be paid into Court. 
70. Compensation to arbitrators. 

77. Construction of sewers. 

75. Erection of fences 

79. Width of new street 

80. Street expenditure. 

81. Superintendent of Streets. 

82. Street servioe of town. 
88. Intending builders. 

84. Incumbrances on streets. 

86. Lime not to be prepired, &o. 

80. Snow to be cleared from sidewalks. 

87. Passage not to be obatraoted. 

88. Sidewalks obstructed. 

89. Streets not to be broken up. 

90. Passengere not obstructed. 

91. Balls, &c., not to be thrown. 

92. Coasting on streets. Ao. 

98. Disorderly riding, driving, Ae. 
94. Loto to be fenced in. 

9ft. Moving buildings. 

90. Drains and sowers. 

97. Notice before action. 

96. Appointment of Kirewards. 

99. Firewards' duty. 

lOa May break open buildings. 

101. Power, Ac., cf Firewards. 

101 Fire and Protection Companies. 

108. Council to appoint engineers. 

104. Duties of firemen. 

106. Powers of officers, Ac. 
100. Fire Constables. 

107. Chimney sweepers. 

108. Municipal Court. 

100. Recorder and Stipendiary Magiftmete. 

110. Town Clerk clerk of Court 

111. Jurtsdlction of Court 

112. Suits brought for rates, 
lis. Writs, by whom signed, te. 

114. Exclusive jurisdiction. 

115. Process of Court 
110. Particulars of action. 

117. Action, how eomroenced. 

118. Concurrent writs may issue. 

119. Action araindt several defendaata. 
12a Court, when to sit 

121. Matters of defence. 

122. Judgments alk>wed. 
128. Judgment, how signed. 
124. Money paid into Court 
126. Money to te deducted. 

126. Judgment to 1>ear interest 

127. Matter of farm not to vaeatOL 

128. Executions, how levied. 

129. Wliere defendant concealed. 

180. Execution as in Sehedule. 

181. Defendant let in, ko. 
131 List of oauses for trial. 
188. Continuance, how granted. 

184. Court may be adjourned. 

185. Causes, how tried. 

186l Parties mi^ appear tn penoB. 



1886. 



CHAPTER 86. 



49 Via 



253 



1S7. ExecaionaDd Adroinistntora. 

ISa. Wber« Court bm» no Jurtodiotlon. 

laOL Deposition, how token. 

140. GapUs, liow iivued. 

141. Arrest of defendant 
14L Dbchaive of defendant 
149. Sabsequeot proceedings. 
144. Money paid into Court. 

145 Party soorecdiiMr to have costs. 
14d. Power of amendment 

147. Power to issue subpcsnas. 

146 Oath, by whom administered. 
140. AflUsTit before whom sworn. 
UO. Recorder to ntake roles. 

151. Appeal, how granted. 
151 Dnreties may render. 
16S. Papers, to whom sent 
154. Proceedings in appeals. 

156. Witness in costody. 
UMl Duty of oonstoble. 

157. Policemen, ftc. , to serve process. 

158. Executions, when returnable. 
1G0. Forfeiture for neglect. 

HA Indigent debtof's relief, 

in. Costs in Court 

152. Penalty lor greater fees. 

lO. Appointment of special constables. 

164. Und«r whose control. 

166. To be sworn in. 

19L Ftewhatperiod« 



SicTIOIV. 

107. Disorder at public meeting 

188. Penalty for refusing to act. 

109. Extra constobles. 

170. Shall be sworn in. 

171. May be corapeimated. 

172. Shall assist policemen. 
178. Shall serve process, &c. 

Extra powers in certain oasi 
Penalty for non-attendance. 



174. 
176. 
176. 



May arrest in certain 
177. Police office estoblished. 
a78. Stipendiary Magistrate's duty. 
170. Clerk of police office. 

180. Pcriice omce record book. 

181. Stipendiary Magistrate. 

182. Fines, &c., to form part of rsvenues. 
188. Not necessary to state information, 

Ac. 

184. Sunimary contictiona 

185. Levy by distress and sale. 

186w Stipendiary may disciiarge defend- 
ant 

187. Conviction not quashed, ka. 

188. Fees in police oBloe. 

180. Town to have common seal. 
100. Deeds, how authenticated. 
im. Fee for afflxiiq^ seal. 
102. Council may make bylaws, ko. 
106w Inconsistent law repealed. 
Schedules. 



Be it enacted by the Governor. Council, and Assembly, 
AS follows : — 

1. The inhabitants of the town of Dartmouth are inoorporatioii, 
constituted and declared to be a body corporate and politic 

by the name of the Town of Dartmouth, and the boundaries 
of the town of Dartmouth, the division of the same into 
wards, and the boundaries of the several wards thereof, 
shall continue as at the passing of this Act. 

2. The town shall be governed by a warden and a Government oi 
body of councillors, consisting of two councillors for each ***^"* 
ward, and no person shall be elected or eligible to serve as 

warden or councillor who shall not have been resident in 
said town for the period of five years next previous to 
election, or is not at the time of his election a British 
subject of the full age of twenty-one years, nor shall any 

CBrson be elected or eligible to serve as councillor unless 
e is at the time of his election a resident of the ward for 
which he is so elected. 

3. All ratepayers of the town whether male or female who shau vote, 
resident or non-resident who shall have been such for at 
least one year next previous to the election, of the age of 
twenty-one years and upwards, and who shall have been 
*8^ed in the assessment roll, made up next before the 
j|«ction on property within the lin^its of the town, shall 
^ entitled and qualified to vote at any such election for 
^*rden or councillor, and such vote may be given in any 



S84 



49 Via 



CHAPTER 86. 



1888. 



Election, when 
beld. 



Warden^ «rhen 



fotioMorts, how 



ward in which »uch elector is rated on property either 
real or peraonal, provided that no elector shall vote in 
more than one ward on the oame day. 

4. An election shall be held on the first Tuesday of 
February in each and every year^ at which a warden shall 
be elpcter|> who shall hold office for one year^ and as many 
councillors as shall be necessary to fill vacancies created 
by the retirement, resignation^ or death of members of the 
couneiK 

5. The warden elected at the annual election in May> 
1886> shall hold office until the first Tuesday of February^ 
1887, and shall act until his successor is declared ; and all 
councilloi-s in the town who would but for this Act hold 
office for one year only after such election, shall hold office 
until the first Tuesday of February, 1S87, and shall act 
until their successors are declared ) and all councillors so 
elected who but for the passing of this Act would have 
held office for two years after such election^ shall hold 
office Until the first Tuesday of February in the year 1888, 
and shall act until their successors are declaredv 

6. All elections shall be conducted by a presiding 
officer and poll clerk for each ward> who shall be appointed 
by the town council. 

7v Notice of the time and place of holding the election 
shall be posted up by the town clerk in three of the most 
public places in each Ward of the town for ten days next 
previous to the holding of such electionv 

U4t of etoctora 8^ The town clerk shall, not later than five days 
previous to the holding of every election, prepare and supply 
to each presiding officer a list alphabetically arranged of 
the persons qualified to vote at such election in the ward 
for which such officer is appointed, and every person whose 
name appears upon such list shall be entitled and qualified 
to vole notwithstanding any error in the preparation of 
such list, or the placing of such name thereupon^ provided 
that nothing herein contained shall prevent any qualified 
voter whose name is omitted from said list from voting at 
such election, and in such case the production by such 
voter of a certificate from the town clerk, showing that he 
has been assessed on the assessment roll made up next 
before the election on property within the limits of the 
town, and taking the oath in schedule A of this Act con- 
tained, shall conclusively determine the qualification of 
Buch elector to vote at such election. 



Notice 
|>ort«). 



lobe 



1886. CHAPTER 86* 49 ViC* 2o5 

9. Every candidate for the oflBce of warden ahall be ^JJ^^ ^ 
proposed in writing by two ratepayers^ and every candidate 

for the oflSce of councillor shall be proposed in writing by 
two ratepayers resident in the ward for which such coun* 
cillor is to serve, and such nomination paper shall he handed 
in to the town clerk at least five legal days previous to the 
holding of the election) and the town clerk shall before 
opening of the poll post up the names of candidates to be 
Voted for in «ich ward in one conspicuous place outside 
and one inside of the building in which such election shall 
be held. 

10. In case only one candidate shall be nominated for If o»iv <jm 
warden, or in case only so many candidates for the office of**" 
councillor in any ward shall be nominated as there are 
councillors to be elected for such ward, such candidate or 
candidates shall be declared duly elected by the town clerk 
without a poll being held, and such declaration shall be 
publicly made at the hour of nine o'clock in the forenoon 

of the day on which the election is to be held» 

11. When a poll is to be taken it shall be opened *^2Sln"dfSii 
toine o'clock in the forennon and shall be closed at four "»^ p*"* 
oclock in the afternoon, but the presiding officer may close 

the poll one hour after a proclamation made by him to that 
effect if no vote is polled within said hour, and provided 
further that notice has been posted to that effect inside and 
outside of the building in a conspicuous place immediately 
upon the proclamation being made. 

12. In the event of an}' presiding officer or poll clerk l^residitiff oA* 
neglecting or refusirig to serve as such, the warden shall ^Jir^'&c"^**' 
appoint a substitute, and such presiding officer or poll clerk 
ne^decting or refusing as aforesaid shall be liable to a 

penalty of not less than twenty nor more than forty 
dollars. 

13. It shall be the duty of the town council to provide Bdiotboxef 
and furnish to the presiding officer in each ward two ballot ^"'^*^**** 
boxes, one for the reception of ballots for candidates for 

the office of warden, and one for the reception of ballots for 
candidates for the office of councillor. 

U. During the holding of the poll no person shall be Who to u 
entitled or permitted to be present in the polling place'" * ^ * 
other than the officers appointed to hold the electioni the 
<^<)idates to be voted for in such polling place or their 
fgBQts duly authorized in writing, to be present not exceed* 
^i one agent for each candidatei and any elector for th« 



256 49 Vic. CHAPTER 86. 1886. 

time being actually engaged in voting, provided that it shall 
be lawful for the presiding officer to have present or to 
suromons to his aid any constable or police officer for the 
purpose of maintaining order or preserving the public 
peace, and the presiding officer shall have power to order 
the removal of any person from the polling place who shall 
not be entitled to be present, or who being so entitled shall 
obstruct the voting, and such order shall be executed by 
any conntable or police officer or other person authoriased 
b)' the presiding officer, without the same being in writing 
or by warrant. 

BidiotboxM to 15. The presiding officer immediately before the open- 
'^^ ing of the poll shall show the ballot box to the candidates 
or their agent<«, or to any such persons as may be present 
within the polling place, so that they may see that the same 
is empty, and shall immediately thereupon lock the ballot 
box, place it in view for the reception of ballot papers, and 
keep it locked until the close of the poll. 

j2jan«*o^by 16. The votes shall be given by ballot The ballot 
shall be a paper ticket which shall contain in writing or 
printing, or partly written and partly printed, the name of 
the candidate or candidates for whom the elector intends to 
vote, designating on the back the office which the persoa 
named in the ballot is intended to fill, which designation 
shall be so made as to be apparent to the presiding officer 
when the paper is folded. Each voter shall deliver his ballot 
folded up to the presiding officer, who shall ascertain that 
the same is single without reading the name of the candidate 
thereon written, and shall deposit the ballots for warden 
and those for councillor in separate boxes without delay. 

siodeof pro- 17^ Immediately upon an elector presenting himself 

to vote the presiding officer shall search for the name of 
such elector upon the list, and if the same is found shall at 
once receive the vote of the elector. If the name is not 
found the presiding officer shall so inform the elector, and 
such elector shall be permitted to leave the polling place if 
neceasary for the purpose of procuring the required certifi- 
cate, if any, and to return for the purpose of voting, but in 
no other case shall an elector who leaves the polling 
place after presenting himself to vote be permitted to return* 

Ei^on* namei 18. The name of each elector voting at such election 

^ ^^"' shall be written in a poll list to be kept at such election by 

the poll clerk, and immediately after the close of the poll 

all votes given in each ward shall be sorted and counted by 

the presiding officer, who shall publicly declare the candidate 



1886. CHAPTER 86. 49 Via 267 

or candidates for the office of councillor having the highest 
number of votes to be duly elected, and shall also publicly 
declare the number of votes given for each and every of 
the candidates for the office of warden and councillor voted 
for in said ward, which shall be recorded by the poll clerk. 

19. No ballot shall be rejected simply because the same Ballot, how to 
has been inadvertently placed in the wrong box, hot the *^'*^**'**** 
ballot so misplaced shall be counted in the group to which 

it properly belongs ; and if at any stage of the counting it 
shall appear that the number of ballots deposited exceeds 
the number of persons who have voted, the ballots shall be 
returned to the box and well mingled, and the presiding 
officer shall draw out publicly as many of them without 
looking at them as shall equal the excess, and shall at once 
destroy them and proceed with thecounting as hereinbefore 
directed. 

20. Every ballot having more names than there are Ballot, wh«n not 
candidates to be elected, and every ballot having upon it^**"° 

any mark appearing to be designedly pot thereupon for 
the purpose of enabling the same to be identiRud as the 
ballot of a particular voter, shall be placed in a separate 
envelope, and no such ballot shall be counted by the 
presiding officer. 

21. The ballot papers found in the boxes by the B«turn of baiiot 
presiding officers shall be returned to the town clerk, and^^"' 
shall be by him preserved for the period of ten days after 

the election, and from thence until the termination of any 
legal proceedings instituted to test the validity of the 
election, and no election shall be challenged or questioned 
in any court of justice unless proceedings to test the same 
are instituted within ten days after the declaration. 

22. The presiding officer shall at the expense of the^'P^'^^Jp^n- 
town provide paper and pencils for the use of voters, and 

have the same at the place where the election is held. 

23- The presiding officer and poll clerk mav vote by Presiding oAoer 
proxy m any ward m which they are quahned to vote, 
other than the ward in which they are appointed to conduct 
the election, such proxy to be in writing under the hand 
of such presiding officer or poll clerk, authorizing the 
person named therein to vote in the name of such officer, 
bat such writing shall not specify for whom the proxy is 
to vote. The presiding officer shall not vote for a candidate 
for the office of councillor for the ward in which he is 
presiding, provided, however, that in the event of there 
17 



f5» 4tf Via CHAPTER 86. 1885. 

beingr only one councillor to be elected and of an equality 
between two or more candidates having the highest nninber 
of Totes, the presiding oificer shall give a vote for one of 
such candidates, and in the event of there bemg two 
councillors to be elected and of an equality between more 
than two candidates having the highest number of rotes, or 
of an equality between two or more candidates having the 
next to the highest number of votes, the presiding officer 
shall give a vote for two of the candidates having such 
highest number of votes, or for ore of the candidates having 
next to the highest number of votes, as the ea?)e may be, 
and in either case he shall declare the result of the electioD 
as produced by bis casting vote* 

JjJ^JJ^^' 24. The presiding officer shall at once report to the 
town clerk the result of the election for cnnncillors^ and 
shall likewise forthwith report to the town clerk the 
numlierof votes given for each candidate for the office of 
warden, and the town clerk in the presence of the council 
at such time as the council shall appoint, shall declare the 
candidate having the greatest number of votes to be wardeo 
of the town for the ensuing year. In the event of there 
being an equality of votes between the two or more 
candidates having the highest number of votes for warden, 
the warden, unless himself one of such candidates^ shall by 
his casting vote decide which of such candidates shall be 
warden. In the event of the warden being one of such 
candidates, the town council shall by vote decide which of 
such candidates shall be warden^ and in the event of a tie 
the same shall be determined by the recorder^ The 
proceedings mentioned in this section shall be taken by the 
out-going warden and council , who shall meet at the town 
hall one nour after ihe close of the poll on the day of the 
election, and every out-going councillor shall, as respect» 
such proceedings, exercise and perform all the daties of a 
councillor of the town notwithstanding bis suceeesor may 
have been declared. 

Within twenty-four hours after they are declared 
elected all councillors and the warden shall be notified of 
their election, and the first meeting of a new council after 
the annual election shall be held at the time fixed by the 
outgoing council. 

Not to interfera 25. No presiding officer, poll clerk, candidate or ageni 

with votert. ^j ^ candidate present within the room where an election ia 

being held shall give to any elector a ballot to vote with, 

or offer or give him any advice as to the person for whom 

he should vote, or otherwise interfere with the voter in the 



1886. tlHAl^TER 86. W Vic. 25» 

lexercise of his franchise, and any person violating the 
provisions of thin section shall forfeit for every etich offence 
ft sum not exceeding twenty dollars, and Hpon non-pay roenft 
thereof shall be imprisoned in the coanty jail with bard 
tabor, for a period not exceeding thirty days, provided that 
the presiding officer may prepare a ballot, and fill up the 
tame for any voter who shall raake oath that he is unable 
to fill «p his iMillot paper without assistance, which oath 
shall be administered by the presiding officer in the form in 
vehednte B. 

86. Any person knowingly and wilfully voting at any J^JJ^^^*"* 
election held Hnder this Act not being entitled to vote, or 
so voting in a ward in which he is not entitled to vote, any 
person fraudtiiently tendering more than one ballot when 
voting, any person who shall vote in more than one ward 
x)n one «nd the same day^ any person fraudulently offering 
•or tendering a forged certificste to any presiding officer at 
any such -eAection, or fraudulently offerinj^ to such presiding 
^flScer a certificate other than his own for the puipose of 
being permitted to vote at such election, and any person 
ofiering or attempting to vote tinder the assumed name of 
any other elector^ shaH for each such offence forfeit a sum 
not exceeding fifty dollars, and upon non-payment thereof 
shall be itoprisoned in the county jai! with hard labor for 
« period not exceeding six months, provided that no such 
penalty or imprisonment nor the conviction for any such 
x)ffence ^aJi operate as a bar to any other penalty, prosecu- 
tion or criminal proceeding whatever to which such person 
^80 offending wonld otherwise, and but for this Act, be liable. 

27. Any person who shall advance or pay, or caused ^^^f^ 
to be advanced or paid, or give, or lend, or agree to give, or°*^"*^' 
offer, or promise any money or valuable consideration to or 
ior any voter, or to or for any person on behalf of any voter 
in order to induce any voter to vote or to refrain from 
"voting, or who shall corruptly do sniy such acts as aforesaid 
-on account of such voter having voted or having refrained 
Irom voting at any election of warden or councillor, shall 
for every such offence forfeit a sum not less than ten nor 
niore than fifty <]ollars, and in default of payment shall be 
imprisoned in the cotinty jail with hard labor for a period 
^ot less than twenty nor siore than sixty days. 

28. Any warden or <50fincillor who shall be decreed o^JJ^u^j^^ca^* 
^judicated a bankrupt or insolvent, -under any Act of the^ "** "' 
«**riiaiiient of Canada relating to insolvency, or who shall 
•coropoand with his creditors by a general deed of composi- 
tion, or shall make a general assignment of his {property 



260 49 Vic. CHAPTER 80, I88ff, 

for the benefit of his creditors, or shall be taken ill 
exeewtion for debt, or shall be convicted of felony or 
misdemeanor, shall become disqualified and his office shall 
become vacant, and the council shall bj resolution declare 
such oflice to be vacant. 

SertiS^S! ^^ 2^' ^° person shall be elected a warden or comicillcr 
who has been decreed or adjudicated a bankrupt or insolvent 
by virtue of proceedings taken vrnder any Act of the 
Parliament of Canada relating to insolvency, unless before 
such election he shall have procured a discharge from hi» 
creditors in the court having cognizance of insolvent 
matters or causes, nor shall any person be capable €>f being 
elected a warden or eoHBcilrter who ht^ at any time been 
convicted of felony, 

]>iequ«iiflcatioo. 30, Konc of the foHowing persons shall be elected a 
warden or councillor, or be appointed to office by the 
council, nor shall any person continue to act as warden or 
councillor or hold any office under the council after 
becoming one of the persons disc^ualified as follows ; and 
should any person so disqualified be nominated as wardea 
or councillor such nomination shall be void : 

a. Persons in holy orders, or rainiflters, or preachers of 
any religious sect or denomination. 

5. Any person directly or indirectly by himself or hi» 
partner having a contract or share or interest in a contract 
or employment with, by or on behalf of the council, 
provided that no person shall be disqnalified nor be deemed 
to have any share or interest in such contract or employ- 
ment by reason only of his having any share or interest in 
any lease, sale or purchase of land or any agreement for the 
same, nor by reason only of any agreement for the loan of 
money or any security for the payment of money, nor shall 
anything herein contained operate to disqualify or incapaci- 
tate the recorder or stipendiary magistrate from being 
employed as solicitor or attorney for the town, 

»iiqtiaiiiicatio8. 81. No persou sball be elected a warden or councillor 
who holds any office under the town council to which a 
salary payable out of the funds of the town is affi&ed, and 
if any such person be nominated for the office of warden 
or councillor his nomination shall be void unless before the 
expiration of the time for making such nomination he 
resigns such office so held by him. Any warden or councillor 
who shall accept any office under any town council shall 
thereby vacate bis seat as such warden or councillor^ and 



1886. CHAPTER «6. 49 Via 261 

bis place 'shaU be supplied in the same BQanner as if he had 
resigned bis seat 

32. The following pereons shall be exempt from being K^emptiont. 
-elected as warden -or councillor or serving in any office 

under the town council unless with their own consent: 

a. Justices of the Supreme atid County Ckmrts, and 
Judges of Probate. 

i. Senators and members of tlie House of Oommons, 
members of the Executive or Legislative Councils, members 
•of the Legislative Assembly, school-masters actually engaged 
in teaching, and persons more than sixty years of age. 

33. Any person eligible to office and not exempt f^^m Pj»~ig^ j^r w- 
^rvice who shall be elected as warden or councillor and 

shall refuse to serve in such office shall forfeit the sum of 
forty dollars to the use of the town, which sum may be 
collected as a private debt in the municipal eo^irt at the 
suit of the town as plaintiff, provided that no person who 
has served as warden or councillor for one term, not less 
than three years previously to t^e election, shall be liable 
to such penalty, and further that any councillor may resign 
his office at any time after the period of one year from the 
time of his election, by giving written notice to that effect 
to the warden, wbeveupon the office shall be declared vacant 
by the council. 

34. Any warden or councillor who shall without lea,ve^^^^^^^ 
ef the council absent himself from meetings of the council 

for six successive months, shaU thereby vacate his office as 
such warden or councillor, and the said office shall be 
d«H:Iared vacant by the council, and such warden or 
councillor shall forfeit the sum of forty dollars to the use of 
the town, to be collected as a private debt in the munidpal 
court of the town. 

35. In the event of a vacancy occurring in the office of Jj^^*^^' ^^^ 
warden or councillor, theconncil shall forthwith by resolu- 
tion appoint a time, not less than fifteen days after the 

pawing of such resolution, for hddingan election to supply 
the vacancy, provided however, that should such vacancy 
OQcur in the office of councillor within three months previous 
to the end of the year the council may in their discretion 
leave the vacancy unsupplied until the next annual 
election. 

36. During Hbe temporary absence of the warden from Appointment oi 
^^e.town, the council may from time to time in their Siior/"*^ *^^"" 
discretion, appoint one of their number to discharrje the 
^tiesof warden, who shall be called the presiding councillor, 
^d who shall have In the absence of the warden all the 



262 49 Vicr. CHAPTER 86; 1886;. 

powers and authority, and shall exjercise all the funetion» 
and diseh&rge all the duties of the office of warden. 

Sr*^^how Q^i 37.. The election to fill an}' vacancy in the office of 
dticted. ^^ ^* warden or eouneillor shall be condueted as to nominations^ 

ballot papers^ officers, and ib every echer reepeet in the sam& 

manner as the regular annual electionsw 

Warden, &c...ta 2S, The warden and councillors shaW,. before entering^ 

oe sworn. xti* i»^t*i» •!» i 

upon the duties of their office, respectively be sworn by 
takiBg and subscribing the oath of allegiance and oabh of 
office, which oath shall be adminiebered to^the warden elect, 
by a Judge of the Supreme or County Court,. the stipendiary 
magistrate of the town for the time being,, or any two 
jusiiees of the peace. The couneillors shall be sworn by 
thf^ warden, the stipendiary magistrate of the town or any 
two justices of the peace, and a eertificateof suck oaths having 
been taken shall be entered by the town clerk in the* 
minute book of proceedings of the tc^wn eounciL The oatb 
of office shall be in the form of schedule C to this Act. 

outimof wa» 39. The warden shaN be the head of the couneiT and 
the chief executive officer of the town,.ai¥i it shall be hia^ 
duty to be vigilant and active at all times in causing tbe^ 
law for the government of the town to be dnty executed 
and put in force, to inspect the conduct of all su-bordinate^ 
officers in the government thereof, and as far as may be^ 
in his power to cause all negligence,, carelessness and 
positive violation of duty and violations of the by-laws 
and ordinances of the town to be duly prosecuted and 
punished, and to communicate from time to time to the^ 
council all suck information, and recommend aH such 
measures as may tend to the improvement of the finances, 
the police,, health, security, cleanliness,, comfort and appear^ 
unce of the town. 



dtn. 



cUloa. 



D«t!e« of oouB. 40. It shall be the duty of the council to assist the> 
warden in the discharge of his duties, and to appoint ono 
or more of its members to be a committee for the following^ 
purposes respectively,. and such other committees as may by 
the council be deemed necessary for the due^administiatioa 
of the affairs of the town c — 

Committee on Public Accounts, Finances and Tenders., 
**^ Schools. 
" ** Public property, roads and streets^ 

** " Police and licenses. 

•* " Poor. 

• " Fire, pumps and welLk 



18M. CHAPTER 8fi, 49 Via 2«8 

41. The varioas committees shall report at each regular ^nmittowi to 
quarterly meeting of the council any special circumstances in 
theiropinion requiring to be reported in respect to theservices 
under their charge, and shall further report to the council 
in reference to any irabjeet eomin^f within their supervision 
whenever required b}* vote of the council so to do, and 
special committees may be appointed for any particular 
purpose, matter or thing by vote of the council, which com- 
mittees sfaail report to the council in writing upon the 
matters so committed to them. The reports of all committees 
when unanimous, shall be signed by the chairman, other- 
wise by such members of the committee as may concur in 
the report, and the minority or any dissenting member of a 
committee may present a separate report in writing. 



4t. There shall be held every year four <l"*r*^c''ly ?*~!J'S,umil 
meetings of council on the first Tuesday of March, June, °^ 
September and December, and special meetings may be 
called by the warden as often as he may deem the same to 
be necessary, and whenever requested to do so by three 
members of the council in writing, the warden shall call a 
meeting of the council within three days thereafter, and in 
the event of his refusal or neglect to do so, the thre^ members 
so requesting a meeting to be called may appoint a time 
and place for holding such meeting and notify the other 
members of the council thereof, and the meeting so called 
shall have the same powers and authority as if the same 
had been summoned by the warden as requested. 

43. Written notice shall be given by the town clerk to wrHUn aotice 
every member of the council of all meetings, regular or*** *"*®'*'*«^ 
special, one day previous to such meetings^ provided that 
emergency meetings may be called by the warden at shorter 

notice when necessary, but no business shall be transacted 
at such emergency meetings other than such as is indicated 
in the notice calling such meetings. 

44. The warden or presiding councillor shall preside at who to prwuou 
all meetings of the council, and in their absence the coun- 
cil shall elect a chairman from their number who shall 

preside, and four members shall constitute a quorum at all 
meetings of the town council. 

45. The town shall be a separate poor district, and shall '^^^^JSS^ 
be liable to pay for the support of all the poor who have^*^*^ 
gained or may gain a settlement in the town, 

46. The council shall within the town have all thePj*«"^'c««»- 
{lowars and exercise all the functions and discharge all tha 



264 49 Vic. CHAPTER 86. 1886. 

duties conferred upon or appertaining to boards of health 
by chapter 26 of the Revised Statutes, or by any Act of the 
provincial legislature hereafter to be passed, and also all 
powers and duties conferred upon or appertaining to the 
count}' council under chapter 27 of the Revised Statutes, 
"Of nuisances." 

o^re**"*"**** ^^' The council shall at their first meeting after the 
annual election, and at such other time and times as they 
shall deem expedient, appoint such and so many of the 
following officers as they shall deem necessary, who shall 
hold office during pleasure, and may be dismissed at any 
time by resolution of the council, that is to say : a town 
clerk and treasurer health wardens and health inspectors, 
superintendent of streets, commons and public property, 
firewards, fire constables, firemen, policemen, constables, 
clerks of markets, measurers and weighers, surveyors and 
inspectors of lumber and wood, revisors of electoral lists 
within the town, fence viewers and all such officers as shall 
or may under the provisions of this Act be necessary for 
the carrying out of the purposes of this Act, and any 
officer so appointed who shall without reasonable cause 
therefor refuse to enter upon the duties of his office, or 
shall be guilty of any neglect of duty or violation of duty 
therein, shall forfeit a sum not exceeding ten dollars, or in 
default of payment shall be imprisoned for a term not 
exceeding twenty days, and a failure to attend and be 
sworn into office at the time named by the council by 
resolution or by-law, after service of notice so to do, shall 
be deemed a refusal to enter upon the duties of his office. 
The municipal financial year shall end on the thirty-first 
day of December, and all accounts of moneys received and 
disbursed by the town shall then be made up by the town 
clerk and submitted to the auditors not later than one 
week after the end of the year. 

Am^ntmentot 48. The couucil shall also annually appoint two audi-. 
"** tors on or before the thirtieth day of December, who shall 

examine and report upon all accounts aflfecting the town 
or relating to any matter under its control or within its 
jurisdiction for the year in which they are appointed, and 
shall prepare an abstract of the receipts, expenditures and 
liabilities of the town, and also a detailed statement of such 
particulars in such form as the council shall direct, and 
shall report in duplicate on all accounts audited by them, 
and shall file such reports in the office of the town clerk 
at least two weeks before the date fixed for the annual 
election, and thereafter one copy shall be open to the 



1886. CHAPTER 86. 49 Vic. 265 

inspection of any ratepayer during office hours, and he may 
by himself or bis agent at his own expense take a copy 
thereof or extract therefrom. 

49. No person who at any time during the year in ™jj*"**y ^ 
which such auditors are appointed is or has been a mem-*" 

ber of the council or a contractor with or officer appointed 
by the council (other than an auditor) shall be eligible to 
the appointment as such auditor. 

50. The council shall upon the report of the auditors Accounts of 
finally pass and allow the accounts of the town clerk and^i^i^ 
treasurer if the same are found to be correct to the satis- 
faction of the council. 

51. The town clerk shall print and publish the audi- ^^^"j^ •^ 
tors' abstract, and shall publish the detailed statement in printed, 
such form as the council shall direct. 

52. All appeals from assessment shall be tried by a Appeab from 
court to be known as the Assessment Appeal Court, which "**™"° • 
shall be composed of three members of the council, to be 
appointed by the council, and the recorder of the town. 

The recorder, when present, shall preside at all meetings of 
the court ; in his absence the senior councillor present shall 
preside. Any three members of the court shall constitute 
a quorum to hear cases, and the decision of a majority of 
the members of the court present shall be final. The town 
clerk shall be the clerk of said court. 

53. The court shall meet to hear appeals as soon after court to hear 
the expiration of the time allowed for appealing against the •pp®**** 
assessment as practicable, at such time and place as the council 

shall appoint, and may adjourn from time to time at 
pleasure. 

54. If at the time appointed for the meeting of thew no quorum 
court, a quorum shall not be present, the chairman or any '''^" 
member of the court present may adjourn the court until 
another time : and in case no member of the court is present, 

it shall stand adjourned until the following day at the same 
place and hour. 

55. The court shall have power to issue subpoenas for court may issue 
the attendance of witnesses before the court, such subpoenas"" '^"*'' 
shall be in such form as the recorder shall establish, and 

may be signed by any member of the court ; and any person 
served with any such subpoena, and having been paid or 
tendered his fees who shall disobey the subpoena, shall be 
liable to a penalty of not less than five nor more than forty 



266 49 Vic. CHAPTER 86. 1886^ 

dollars ; and on non-payment thereof to be imprisoned in 
the county jail for a period not exceeding thirty days with 
hard labor. 

witnessM to b« 56. AH witnesses examined in said court shall be sworn 



0woro. 



by the chairman of the court in the usual way. 



TownCTerk to 57. The town clcrk shall, at least ten days before the 
meeting of the court to hear appeals, post up in his office 
and in one conspicuous place in each ward of the town, a 
list of all complaints against the assessment, giving in each 
case the name of the complainant, and the person, firm, 
company, association or corporation complained against, 
with a concise description of the subject matter of the 
complaint, and the time when the court will meet to hear 
such complaints ; and shall serve a notice of the time and 
place of meeting upon each of the complainants, and each 
person, firm, company, association or corporation, complained 
against, and on the assessors, and where it is proposed to 
transfer the assessment from a person, firm, company^ 
association or corporation wrongly assessed in said roll to 
the proper person, firm, company, association or corporation, 
by leaving the same or causing it to be left at the place of 
business of the said person, firm, company, association or 
corporation, or the place of residence of the said person, 
or of any member, agent, manager or secretary of said 
company, association or corporation, and in the case of 
non-residents, by mailing said notice in the post office in 
the town, addressed to the said person, firm, company, 
association or corporation at his or its usual or last place 
or residence or business, or where their address is not 
known, by leaving the same on the property assessed. 

Lut of appeaii 58. The clcrk shall prepare a list of the appeals, 
to be prepared, ^jji^^^ipg them thercon in the order they are received bj' him, 
and the court shall proceed with the appeals in the order, 
as nearly as may be in which they are so entered, but the 
court may, if they see fit, grant an adjournment of the 
hearing of any appeal to another time. In case of the 
adjournment of the hearing of an appeal, it shall not be 
necessary for the clerk to serve notice of said adjournment 
on any of the parties to said appeal, but the chairman of 
the court shall publicly announce the day the court will 
hear said appeal. 

Court to finally 59. The court after hearing the complainant and such 

determine *»•*• ^jtnegses as he may produce, and the subject matter of the 

complaint and the party complained against, and auoh 



I 



1886. CHAPTER 86, 49 Vic 267 

iiitneaseas as be shal) produce, and the assessors, if 
necessary, shall finally determine the matter. 

60. The court shall have power to confirm, reduce or^^**"^^**"*- 
increase the valuation of any property in theassesroent roll, 

to add to said roll the name of any person left ofi said roll, 
and to strike off said roll the name of any person wrong- 
fully entered thereon. The court shall also have power 
and it shall be their duty when a property shall have been 
assessed in the name of a person who is not lerrally liable 
to be assessed therefor, to transfer the assessment to the 
proper person, provided that if such person has not been 
previously notified of such proposed transfer, he shall be 
forthwith notified, and the council at its next meeting there-> 
aftershall hear such person and his witnesses, if an y,and may, 
if good cause be shown, reverse or modify the decision of 
the assessment appeal court, and when any property has 
been assessed more than once in any general assessment, 
the court shall strike out such a^ shall be improper or 
illegal, and correct any clerical errors made by the assessors 
in the assessment roll. 

61. The decision of the court shall in all cases be final. Decision to ba 
except as in the last preceding section, and in section 67,*°**' ^°^^ 
hereinafter provided. 

62. The chairman of the assessment appeal court Hhalloid«rtobe prfr. 
have such and like powers and authority to preserve order*®"** lu Court, 
in said court during the holding thereof, an(^ by the like 

ways and means, as are exercised and used in like cases by 
the Supreme Court of Nova Scotia, 

63. The assessment roll as finally passed by the assess- ABttsamtntrou 
ment appeal court and certified by the clerk as so passed,^ 

shall be valid, and shall bind all parties assessed in said 
roll, notwithstanding any defect or error therein, or any 
irregularity on the part of the assessors, or in respect to the 
making up of said roll, or in the proceedings of said court, 
or any error or irregularity in the notices required to be 
given, or the neglect or omission to deliver or transmit such 
Doticea. 

64. It shall not be necessary for the court to hear any court mftv do* 
person or witness upon oath unless the court deems it jlfSdenw! ^'^ 
necessary or expedient, but the court may decide the matter 

in question without hearing evidence. 

65. If either party fails to appear the court may coon may pro. 
proceed ex parte, and if neither party appears the court shall °'** ««p«''^ 
contirin the assessment. 



268 49 Vic. CHAPTER 86. 1886. 

SSSrSTfe^' 66. All witnesses subpcsnaed to attend ,the court of 

appeal shall be entitled to be paid their fees at the rate of 
fifty cents per day, and five cents for each mile of actual 
travel, said fees to be paid by the party at whose instance 
the witness is subpoenaed. 

J^^JJ'Jj^" 67. In case any person shall show by oath or affidavit 

to the satisfaction of the council that he has been prevented 
by absence, illness or other sufficient cause from appealing 
from the assessment or duly prosecuting his appeal, the 
council may grant such person a hearing and reverse or 
modify the decision of the court of appeal or the assessment, 
as the case may be, and amend the assessment roll 
accordingly, or remit or reduce the tax as the justice of the 
case may require. 

STREETS. 

ShSfy^crt^ ^^' ^^^ ^^® public streets, roads, highways, lanes, 

io town. sidewalks, bridges, squares and thoroughfares, all public 

sewers, drains and ditches, and all public wells in the town, 

are hereby vested absolutely in the town, and the council 

shall have full control over the same. 

owindi empow- 69. The couHcil shall have power to maintain, improve, 
rtreete,dS^"*^* repair, widen, alter, divert, straighten, stop up, raise, sink, 
light and water the streeUt, roads lanes, bridges, and public 
squares in the town, and shall have full power and author- 
ity to lay out, open, make and build all such new streets, 
roads, lanes, bridges, and public squares as the council 
shall deem necessary or expedient, and for the purposes 
aforesaid are authorized and empowered when necessary 
or expedient to enter into and take any land required and 
to remove any buildings, projections, walls, fences or other 
things, or any portion thereof. 

Owner of adjoin- 70. No proprietor, owuer, occupant, or other person 
* '**'' interested in any way, or having any claim, right, or 
property in any land adjacent to or bordering upon any 
street or lane within the town, shall be entitled to any 
compensation from or be entitled or at liberty to maintain 
any action, prosecution or other proceeding, either at law 
or in equity, against the town, or any officer or servant 
thereof, or any person acting under the authority of the 
town or its officers, by reason of any operations upon said 
street having deprived such land of lateral support ; but 
the town and its superintendent of streets and street com- 
mittee, and all persons acting under their authority, shall 
and may cut away and remove from the street, up to the 



1886. CHAPTER 86. 49 Vic. 269 

extreme limit thereof, so much of the earth, atones, and 
other material, as may be in their judgment necesnarj for 
the proper grading of the street, and may from time to 
time, and as often as may be necessary, remove from said 
street all earth, stones, or debris of any kind that may 
fall apon such street from the adjacent land. And the 
town or its officers may from time to time, and as often as 
may be necessary, build up and raise the surface of the 
streets, or any street within the town, to the extreme 
limit of such street or streets, provided that in all cases 
where the street is so raised a suitable retaining wall shall 
be built wholly upon the street, if the same shall be neces- 
sary, to prevent debris from the street from falling upon 
the adjacent land. 

71. When it is proposed by the town council to lay siinrey and pUn 
out or open a new street, road, lane or public square, or to 

widen, divert or straighten any street, road or lane, the 
council shall cause a survey and plan of said street, road, 
lane or square to be made, and the said plan when com- 
pleted shall be filed in the town clerk's office. 

72. Before taking any laud for a new street, road, lane owner of u^ 
or square, or for widening, diverting, straightening or»Q. °^ ' 
improving any street, road or lane or for any public square, 

or removing any building, projection, wall, fence or other 
thing, the council shall notify the owner of said land, 
building, projection, wall, fence or other thing, that the 
same is required by the town for the said street, road, lane 
or square, or that it is necessary to remove said building, 
projection, wall, fence or other thing, and in case they 
cannot agree upon a sum to be paid to the owner for the 
said land or for the damage caused by the removal of said 
building, projection, wall or fence, the town council shall 
appoint one arbitrator and shall notify the owner thereof 
to appoint one arbitrator, and in case of his neglect or 
refusal so to do for ten days after service of the said notice, 
the warden shall appoint an arbitrator to act on behalf of 
the said owner, and the two arbitrators so appointed shall 
choose a third arbitrator. In case the said arbitrators 
cannot agree upon the third arbitratorhe shall be appointed 
by the Chief Justice of the Supreme Court on the applica- 
tion of either party. The three arbitrators so appointed 
and chosen, or any two of them, having been first duly 
sworn to the faithful discharge of tlieir duties before the 
warden, stipendiary magistrate or a councillor, shall give 
notice to the person whose land it is* proposed to take or 
whose building, projection, wall, fence or other thing it is 



870 49 Via CHAPTER 8& ISBSi 

proposed to remove, or to bis agent, of the time and place 
when and where they will meet to appraise the said 
daniageR* and at the time and place so appointed they shall 
proceed to appraise the damages and award the sum to 
be paid to the owner of said land, building, projection, wall^ 
fence or other thing, and shall make a return thereof to 
the town clerk within thirty days after their appointment. 
The award of the said arbitrators, or any two of them^ 
shall be final and conclusive, and binding on all parties 
interested, provided the town council decide to proceed 
with the said work, and in case the town council decide 
to proceed with said work the town shall within six 
months thereafter, pay to the owner thereof the sum 
awarded to him, and immediately upon the payment or 
tender of the sum so awarded, or upon payment thereof to 
the prothonotary of the Supreme Court as hereinafter 
mentioned, the town shall be and be deemed the owner 
in fee simple of the said lands, and may then proceed to 
lay out and open said street, or to remove said building, 
projection, wall, fence or other thing. If the expenses and 
damages appear to the council excessive when compared 
with the utility of the work, the council may suspend or 
abandon the undertaking at any time. 

ArWtrj^ratobe 73. The arbitrators shall be freeholders, but shall not 
'****"' be interested in the lands propos^ed to be taken or in the 
building) projection, wall, fence or other thing to be 
removed, nor in the lands lying along the street, road, lane 
or square proposed to be opened or repaired, but they 
may be residents of the town. 

Where ownef 74. In case the owner of the land which it is proposed 

taoi kaown. ^ tske, ov of the building, projection, wall, fence or other 
thing which it is proposed to remove, is not known, or in 
case there is a dispute as to the ownership of said land, 
the notices hereby required to be given to the owner may 
be given by advertisement in a newspaper published in 
the town, or if no newspaper is published in the town, then 
in such newspaper as the council shall order, and the 
arbitrator to be appointed by such owner shall be appointed 
by the Chief Justice. 

Vmer m^ be 75. If there are any claims or incumbrances on the 
^ " " lands taken, or if the owner of the land is unknown, or if 
the person to whom compensation is awarded to be paid 
cannot be found, or if there is any dispute as to the 
ownership of said land, Luilding, projection, wall, fence or 
other thing taken or removed, or as to the person to whom 



1888. CHAPTER 86. 49 Via 271 

tompennation should be paid for the taking or removal 
thereofj or if for any other reason the council deems it 
advisable^ the council may pay the sum awarded by the 
arbitrators into the office of the prothonotary of the 
Supreme Court of the county in which the town is 
situate, and deliver to the prothonotary a copy of the 
award) and the person or persons entitled thereto shall, on 
establishing his or their right thereto in the said court, be 
entitled to have the same paid over to him or them on 
order of the said court. 

76. The arbitrators shall receive such compensation to2?^t?SSi?*'"*^ 
be paid by the town as the council shall determine. ' 

77. Whenever the council shall deem it to be necessary Conrtmotion oi 
to the public health to construct a sewer upon or across 

the land of any private person, or corporation, or number 
of per8ons, the}' shall have power after resolution to that 
effect and notice to the person or persons whose property 
is to be aflected, to enter upon such property from time to 
time and as often as may be necessary, and to do all such 
acts as may be necessary for the construction and repair 
of a suitable sewer or drain across such lands, which shall 
be at least four feet below the surface, and shall be covered 
vrith earth and stones, and if the owner of such land shall 
claim that the same has been injured in consequence of such 
operations he shall be entitled to such compensation as 
may be agreed upon to be paid by the town, and in case the 
parties cannot agree, the sum to be paid as such compensa- 
tion shall be determined by arbitrators chosen as in section 
72 defined, and all the provisions of the five next preced- 
ing sections shall be complied with so far as the same are 
applicable. 

78. When a new street, road or lane is laid out, erection oi 
opened or dedicated, the proprietors of the land abutting'*"*^*** 

on the said street shall build, erect and maintain fences 
along the line of said street opposite their respective lots, 
and the expense of erecting said fence shall be taken into 
consideration by the appraisers in estimating the damages 
to be paid to the owner of the land taken. 

79. The council shall not lay out or open, nor accept 2||2J5 ^' "•* 
the dedication to the town of, any street, road or lane of ™* 

less width than sixty feet ; nor shall any monies or revenues 
of the town be paid out or expended on any street, road or 
W of less width than sixty feet, nor unless the line 
thereof has been approved by the council except on the 
streets, roads and lanes dedicated to or owned by the town 



272 49 Via CHAPTER 86. 1886. 

previous to the passing of this Act, or on which at the date 
of the incorporation of the town statute labor had been 
performed, or public monies expended ; and no person shall 
lay out or open for public use or dedicate to the town any 
street, road or lane over and on his own property of less 
width than sixty feet, nor until the line thereof has been 
approved by the council ; and the council are authorized 
and empowered in their discretion to wholly or partially 
close up and obstruct any street, road or lane of less width 
than sixty feet which may hereafter be laid out, opened or 
dedicated, or which has been heretofore laid out, opened or 
dedicated contrary to law. In case of extending old streets 
they may be laid out and extended at a width of not less 
than fifty feet. 

street expendi- 80. The Streets of the town and the expenditure 
^"^' thereon shall be placed under the control of a committee of 

councillors, one from each ward, to be annually chosen by 
the council, to be called the committee of streets, and the 
superintendent of streets shall be under the direction and 
control of the committee. 

Superintendent 81. The council may appoint a superintendent of 
of streets streets, to hold office until his successor is appointed or 
until removed by vote of the council. The superintendent 
shall be sworn before the warden, stipendiary magistrate, 
or a councillor, to the faithful discharge of his duty. He 
shall give security in such sum as the council shall order, 
and shall receive such compensation as the council shall by 
resolution appoint. The dutien of the superintendent shall 
be specially set out in the by-laws of the town. 

street service of 82. All sums of moucy required for the streets service 
*^* of the town shall be taken from and borne by the general 

revenues of the town. 

Intending build- 83. Persous intending to build upon or close to a line 
*^ of a street, shall, before digging the foundation or com- 

mencing the building, apply to the council to cause the line 
of the street to be defined and laid out, and shall defray 
the expenses of a survey, if nece^^sary to hold one, and 
shall dig the foundation and erect the building within the 
line ; and if any person shall erect a building on the line 
of street without making such application and having 
the line so ascertained, or shall encroach on the street, 
be shall forfeit and pay a sum of not less than forty 
dollars nor more than eighty dollars, and on non-payment 
thereof shall be imprisoned in the count}* jail for a period 
of not less than ten nor more than ninety days, and shall 



1886. CHAPTER 86. 49 Vie. 273 

also remove the encroachment, or other wiAe the council or 
their committee ot streets may cause the same to be 
removed at the expense of the said person, or take the 
steps allowed by law in ease of nuisances, 

84. No person shall pile, deposit, or place on any road.incumbnncM 
street, lane or other puMic place of the town, any manure* " "' 
compost, earth, wood, lumber, or other substance or material 
whatsoever, under a penalty of not exceeding ten dollars 

for each ofience, and in default of payment thereof to 
impri.sonment in the county jail for a period not exceeding 
thirty days ; and every twenty -four hours that such 
manure, compost, earth, wood, lumber or other substance or 
material shall remain piled, deposited or placed on any 
road, street, lane or other public place of the town, shall be 
held to be and shall be a separate offence. 

85. No person shall slack, riddle, mix with sand orJ;J^^J^**°j^ 
otherwise prepare lime in any of the roads, streets or lanes 

or other public place of the town, unless by written per- 
mission from the superintendent or committee of streets, 
under a penalty not exceeding ten dollars for each offence, 
and in default of payment thereof shall be imprisoned in 
the coanty jail for a period not exceeding thirty days ; 
provided that any person or persons building or repairing 
a honse or other building in the town may be permitted to 
use and occupy ten feet in width from the line of the 
street toward the centre, to extend the length of the house 
or building so being erected or repaired, for the purpose of 
piling lumber, stone, brick, sand or lime, and for mixing 
lime and sand, or doing such other work as ma}' be neces- 
sary for the erection or repair of such house or building so 
being erected or repaired ; such portion of the street so 
used and occupied to be enclosed by a substantial fence 
erected by the person so building or repairing, as aforesaid, 
such parties also to provide a suitable path or sidewalk, 
at least two and one-half feet in width around such fence, 
and keep the same lighted. Persons so building or repair*- 
ing may be permitted to use said portion of the street as 
long as to the superintendent or committee of streets shall 
seem necessary. 

86. Within such portions of the town as the council ^,"^51^*^, ^ 
shall by by-law ordain, the occupiers, owners, or persons •iSewaik."'"* 
in charge of houses, stores, lots and pieces of land, shall be 
bound after every fall of snow to clear away the snow 
from the sidewalks and gutters of their respective premises 
within four hours after it shall have ceased falling (always 
18 



274 



49 Vrc. 



CHAPTER 80. 



188& 



PMB«g«not ta 
b« obc^ruoted. 



provided that the same be during daylight), under a penalty 
of not less than one or more than 6re dollars on »uch per- 
son who neglects or omits so to do, ontess excosed by the 
superintendent of streets ; and when the time of snow 
ceasing to fall shall be at night, such occiipiera, owners or 
persons in charge shall be bound under the like penalty to 
remove the snow as aforesaid within four hours after the 
beginning of daylight on the following day. Any person 
convicted of the said offence who shall not pay the fine forth- 
with, may be imprisoned in the jail or lockup for a period 
not exceeding thirty days with hard labor- 

87. No person shall encumber or obstruct a free passage 
through any street, road, lane, alie}, thoroughfare, sidewalk, 
or paih of the town, by exposing for sale, unpacking or 
suffering to remain upon any street, road, lane, alley, 
or thoroughfare, or upon the sidewalk or footpath thereof, 
any lumber, iron, coal, trunk, bale, crate, package, or other 
article or thing for more than two hours, or leave any such 
articles at night on the street, road, lane, thoroughfare or 
path, or sidewalk, after six o'clock, under a penalty of not 
less than one dollar, nor more than ten dollars, or imprison* 
ment in the jail or lockup for not more than thirty days ; 
and the continuance of any such obstruction for one hour 
after notice given by the warden or a councillor, or any 
policeman or constable, to remove the same, shall be Jcemed 
a new ofience, and for every hour it is continued be shall 
be liable to an additional fine. 

88« Any person who shall designedly and unnecessarily 
drive any carriage, sleigh, sled, cart, or bicycle, or ride on 
a side-path, or obstruct any sidewalk, or leave standing 
thereon any carriage, cart, sleigh, or sled, or horse, or roll or 
place any heavy articles on the same to the injury or 
obstruction of the sidewalk, shall for every offence forfeit 
not less than one dollar nor more than ten dollars, and on 
non-payment thereof shall be imprisoned in the jail or 
lockup for a period not exceeding thirty days- 

8tre«toDofttob» 89. No pcrson shall break up the soil of any street 
broken up. without first making application tc» the committee of streets 
in writingr, specifying the purpose for which such breaking 
up is required, and obtaining their permission therefor in 
writing; and the committee may impose ^uch terms upon 
the person applying as the security of passengers hhall 
appear to them to require ; any person acting contrary to 
this section or to terms imposed by the committee, shall for 
every offence forfeit a sum not exceeding twenty dollars. 



BidewBlks 
obstructed. 



1886, tGHAPTER 86. « Vkl 276 

and on noti-psycnent thereof shaU be imprisoned in the jail 
or lockup for a period not exceeding sixty daya. 

90. Persons shaU not stand in a ^roup or near to each PMnngen not 
other on any sidewalk, crossing or bridge so as to obstruct °*^"* 

a free passage for foot passengers, under a penalty of not 
more than ten dollars on each person ^o offending, and on 
non-payment thereof to imprisonment in the jail or lockup 
for A period not exceeding thirty days, and any person or 
persons refusing or neglecting aftet the request of the 
warden^ any councillor, policeman, constable, or watchman, 
to remove and not obstruct such sidewalk, crossing or 
bridge, shaU be deemed to have committed the above 
offences, and shall be liable to the penalty. 

91. No person -shall play Ijall, er throw a ball, grtone <>''Ji^tJVow'n"°*** 
snow-ball, or other missile likely to injure any person or 
property, in or over anj' street or public place, nor throw 

any suKstance against any dwelling house, or private or 
public building, or into any private grounds, with the 
intention to injure the same or disturb the inmates thereof, 
nor write or cause to be written oi* protrayed any obscene 
word or figure, or make any obscene characters upon any 
fence or building or any public place, under a penalty not 
exceeding twenty dollars, or in default of payment thereof, 
of imprisonment in the jail or lockup for a period not 
-exceeding thirty da^'s. 

92. No person shall courseor coast upon a sled in ^^y^^^^^ 
street, road, lane or thoroughfare, or over any sidewalic of 

the town. Every person offending against the provisions 
of this section shall forfeit and pay a sum not exceeding 
ten dollars for each offence, and on non-payment thereof 
^hall be imprisoned in the jail er lockup for a period not 
exceeding thirty days^ and all sleds or sleighs found in use 
coasting down the hill, or about to be so used, shall be 
seized by any policeman, constable, or watchman, and the 
same shall be and become forfeited to the town. 

9.3. No person shall ride or drive any horse, team o*" ^^"'•^'^^in 
vehicle at full speed or in a furious, reckless, violent, or dis-So."*^' 
orderly manner, or at a greater rate of speed than seven 
miles per ho^ir, or shall •engage in any racing of horses in any 
public street or highway, or in any public place in the town, 
4]n(ler a penalty on conviction thereof of not more than thirty 
dollars, or in default of payment, imprisc nment for a term not 
-exceeding thirty days in the county jail. Any person 
found violating this section may on view be forthwith 
-arrested i^ anj policeman, or <5onstable, or other town 



276 «9 Vic. CHAPTER S6. 188^ 

officer, and lodged in tlie lockup or jail until brought before 
the stipendiary magistrate, 

^ 9*. The owner or occupier of erery lot abtrttnig oa 

any street, lane, road, or other highway within the town, 
shall fence in the same within ten days after receiving 
notice to that effect from the town elerfc, and shall keep* 
and maintain such fence in perfect repair to the satisfaction 
of the street committee. Erery such fence shall be board, 
picket, or stone fence, or such other material as may be 
approved of by the street committee, and shall be sufficient 
to protect the street from all nuisance or inconvenience. 
Any person violating the provisions of this section shall 
forfeit and pay a penalty not exceeding fifty dollars for 
each offence, and in default of payment the ofieiider shall 
be imprisoned for a period not to exceed three months in 
the county jail, and the owner and occupier shall both be 
deemed to be guilty of violation of such provision, and 
shall be liable to such penalty and imprisonment, provided 
notice has been given as aforesaid, and such fence has not 
been erected or maintained as herein directed, and whenever 
it would in the opinion of the street committee be dangerous- 
to leave such property unfeuced for the {)eriod of ten days^ 
as herein provided, and the street committee may cause the 
said fence to he erected or repaired, and charge the expense 
of so doing to %i\e owner or occupier of said lot, and the 
same may be collected from said person in an action at the 
suit of the town with costs* 

Moving *ufld- 9^, Ho person shall move bnildings irpon or over a 

*^*" public street, without permission first obtained from the 

council and payment of such sum for the privilege as the 
council shall determine, and any person oftendkig against 
the provisions of this section, shall be liable to a penalty of 
not more than twenty dollars, and in default of payment,, 
imprisonment for a period not longer than thirty days. 

Dfains mdatw- 96. Thc town council shall have power and authority 
***' to lay out, excavate, dig, Boake, build, maintahi, repair and 

improve all such drains, sewers and watercourses as the 
council shall deem necessary or expedient, and to make 
by-laws afad regukitions respecting the same, and for the 
purpose of protecting and keeping the same f ree, 

Noticebefore 97. No actiou shalT be commenced against the town or 

****^"* the committee of streets or against the superintendent of 

streets, or persons acting under them or him until thirty 

days' notice in writing shall be given to them or him, nor 

unless the same is commenced within six months after the 



1886. CSHAPTER 86. 49 Vk3. 277 

act complained of was coiBmitted, and every -euch action 
«hall be laid and tried in tbe county in wbicb the town is 
situate. 

FIB£S AKD FIBEWAmDS. 

98. Tbe cooncil -shall amiuaHy appoint eiwh number of iJ^JiSur*"* *"* 
fire wards, not exceeding six, as they filhalldeein necessary, 
who shall be sworn to tbe faithful discharge of their diities, 
and shaH have suitahie staffs assigned and provided for 
them by the council as badges of office. 

». Upon the break out of a fire, the firewards taVingy»w»»'*«*^ut3r. 
their badges with them, shali forthwith repair to the place 
and use their utmost endeavors to extinguish and prevent 
the spreading of the fire, and to preserve and secure the 
property of the inhabitants, and any fireward may com- 
mand the assistance of the inhabitants, or of any person 
present thereat, in extinguishing said fire and removing 
any property o«t of any building actually on fire, or in 
danger thereof, and nay appoint guards to secure and take 
charge of the same, and may command assistance for the 
polling down of buildings or for other services relating 
thereto, and due obedience shall be yielded to their com- 
mands lawfully made at such fire, and any person disobeying 
such orders or commands shall for each sueh offence be fined 
not more than ten dollars, and in default of payment thereof 
be imprisoned in the county jail for not more than twenty 
days with hard labor. 

lOOL No person other than a fireward, or a p^^rsonWjg'^'w* •?«» 
thereto commanded by a fireward, shall break open any " '^^ 
building, or attempt to pull down the same, unless with 
tbe consent of the owner of such building, provictod, how* 
ever, that any fireward present at a fire may order any 
building, fence or other erection to be pulled down or 
blown up or otherwise destroyed, to prevent the spread of 
the conflagration, and no person acting within the scope of 
such order shall be liable to any suit, action or proceeding 
at law for such acta. 

lOL UpoQ the occurrence of a fire in the town thej^';^^^^ 
firewards or a ma|ority of them may direct any building 
to be pulled down, if in their judgment the doing ao will 
tend to prevent the further spreading of the fire, and if the 
palling down of such building shall have the effect of 
stopping the fire or the fiire shall stop before it comes to 
the same, the owner of such building shall receive pay* 
<nent therefor out of the funds of the town by making 
application to the council^ who, if satisfied of the justice ot 



27§ 49 Vie. CHAPTER 86: 1886; 

the claim, shall' make an order for the valbatfon of the- 
same, whereupon the council shall appoint three disinter- 
ested parties, who shall be sworn to make a valuation of 
the damage sustained by suoh appUcant, and the sum found 
by the award of such arbitrators or any two of them, i«hall 
be a charge upon the Eevenues^ of the town, and shall be 
included in the next anitual assessment and paid over &a 
the party entitled thereto within thF«e months after the. 
levying of the assessment. 

Kire and protee- 102. All fire Companies an^ pvoteeiioi^. companiea 
ion ^^'"P*"®^ organized in the town shall be subject to the control of the 
town council, save that the said companies shall have 
power to make all such rules,, regukbtions and by-^laws for 
the internal economy and governn^nt therec^f, and the 
election of their own members and officers as^ may be 
necessary ; and the town council shall have power to- 
organize, dissolve or disband companies for the extinguish-^ 
ing of fires or preservation and protection of property 
thereat, and to establish and ordain rules for the govern-^ 
ment of companies so organized, and all such companies 
whether voluntary companies or companies organized under 
the power herein contained,. shaU,^ during the actual pro-» 
gress of a fire, be swbject te the exclusive and absolute 
eontr^l of ihe firewards^ provided that the erders and 
commands of such firewards shall be communicated to the 
company through the principal offices of such company 
present at such fire.. 
% 
Council to «p- 103. Notwithstanding anything hereinbefore centainedv 
point enginecre. ^j^^ council may appoint an engineer or engineers for the 
eperatinsf of any fire engine or other machine belonging to- 
the town used for the pitrpose of extinguishing fires, who. 
shaH during the continuance of the fire be- subject to the 
orders and commands of the firewards. 



out^es oi flr«- 104. Upon an alarm of ftre the fi:remen shaH at once 

proceed to the place of deposit of the impfements and 
machinery used for the purpose of extinguishing fires, and 
being them to the pkce where the fire shall have been 
discovered, and shall then diligently use the same under 
the dk-eetion of the firewards in such way as may be deemed 
most useful for extinguishing the fire. 

rowers iff 105. The eaptain of the company, or in his absence 

officers, &ft. ^j^^ ^^^^ highest oflScer, shall have the power of a fireward 

in commanding assistance in taking the said implements 

and Diacbinery to or from any fire^and a like penajt^ 



1«8«L CHAPTER «6. , 49 Vwi 279 

shall attach to disobedieoee of orders lawfully given as to 
those of a fireward. 

1()6. The town cooneil may appoint as many fire fuw oonstabie^ 
eonstaMefi as they may deem necesgary, who shall be 
sworn into ofBoe, and shall at the time of fires, with suita- 
ble staves to be provided for them by the council, attend 
at the fire and act under the direction of the firewards ia 
subduing the fire, keeping order and preventing thefts, 
and policemen shall perform at fires the same duties, and 
possess the same powers as are hereby imposed and 
conferred upon fire constables. 

^ 107. The town council may appoint and license chim-^wmncy«weep- 

,f ney sweepers, and may from time to time regulate the fees 

chargeable for their services, and any chimney sweeper so 
appointed and licensed who shall refuee to perform hi« 
duties or render his services when called upon so to do 
by any ratepayer, or shall neglect to do so for an unreason- 
able time after being so called upon, or who for such services 
shall charge or accept a fee or reward greater than the 
sum allowed by such regulations, shall upon summary 
conviction thereof, before the stipendiary magistrate forfeit 
not less than ten dollai-s, and in default thereof be 
^ imprisoned for a term not less than twenty days. 

COURTS AN© POMCEL 

108. There shall be in the town a municipal court f or Munidpaa eouii. 
the trial of civil causes, to be called the Municipal Court of 
Dartmouth, and to be presided over by the recorder. 

'^ 109. The town council shall annually appoint a ^«it- liSSSfdia"** 

able person to be recorder and stipendiary magistrate of the Magistrate. 

town. He shall be a barrister of the Supreme Court of 

I^ova Scotia of at least five years standing, and shall on 

being bo appointed become ez^offlcio a justice of the peace. 

In caRB of his temporary absence from the town or of 

his incapacity through sickness, interest or otherwise to 

perform his duties, the council may appoint a barrister to 

' set as recorder and stipendiary magistrate in his stead 

I during hi^ temporary absence or incapacity, and the person 

I ^ appointed shall during his absence or incapacity 

I perfortii the duties of recorder and stipendiary magistrate 

I within the town. The recorder shall, before entering upon 

^be duties of his office, be sworn before the warden or a 

councillor to well, truly, and faithfully to the best of bis 

Ability perform the duties of bis office. 



280 40 Vic. CHAPTER SB. 188& 

Town clerk HO. The town clerk shall be the clerk of the raunici- 

derk of court. , . 

pal court. 

/uriipdiction of 111. The mnnicipal court shall have jurisdiction, 
cognizance and power to try and determine in a summary 
way, without a jury, all civil actions or dealings ex 
contractu in which the cause of action does not exceed 
eiofhty dollars, or where there is a balance not exceeding 
eighty dollars upon accounts stated and settled previous to 
suit, and all such civil causes where the amount origin- 
ally due has been reduced to eighty dollars or less by pay- 
ment of cash, and when the defendant shall prove a set-off 
of equal or greater amount than the plaintiff has proved, 
may give judgment in favor of the defendant for his costs, 
or for the balance found to be due him, as the case may 
be, provided said balance does not exceed eighty dollars, 
and shall also have jurisdiction, cognizance and power to 
try and determine in manner aforesaid all suits in the 
name of the town as plaintiff for the recover}"^ of rates and 
taxes payable to the town whatever the amount thereof 
may be and shall also have, possess and exercise all the 
power and jurisdiction in civil matters, conferred upon 
one or two j<istices of the peace, or upon stipe/ndiary 
magistrates by any law now in force in the province of 
Kova Scotia ; and shall have power to issue process into, 
and have the same served in any part of the province by 
any constable of the town or county in which the process 
is served, and such service shall in all cases be made to 
appear by oath or affidavit of the officer serving the same, 
made before any justice of the peace, stipendiary magis- 
trate, clerk of the municipal court or recorder. 

Suits Wv^ht 112. Suits may be brought in the municipal court in 

for rates. ^^ name of the town as plaintiff for the recovery of ratea 
and taxes payable to the town in the same manner as other 
suits, and in ease judgment shall be entered for the plaintiff, 
a certificate thereof, in the form in schedule D to this Act, 
may be given, signed by the town clerk, which certificate 
shall be recorded by the registrar of deeds on payment of a 
fee of twenty cents, in like manner as other judgments are 
recorded, and such certificate when so recorded shall operate 
as a lien upon the real estate of the defendant within the 
county in which the same is recorded, and after the period 
of twelve months from the date of such registry, the 
plaintiff may advertise and sell the said real estate or any 
part thereof, first having given notice thereof by advertise- 
ment in a paper published in the tcwn, if any, and by 
posters for three weeks> and after such sale the plaintiff 



188& CHAPTER 86. 49 ViCL 281 

shall give a conveyance of the interest of the defendant in 
such land to the purchaser thereof, which conveyance shall 
pass all the right, title and interest of the defendant in the 
said lands at the time of the recording of such judgment, 
to the purchaser. 

113. All writs of summons, capias, execution and wnts, bv whom 
sabpcKna issued out of the municipal court, shall be signed "^ * ^' 

by the town clerk or his deputy, and sealed with the seal 
of the municipal court, and may be directed to any constable 
of the town or county where the same are to be served or 
executed. Writs of summons and capias issued out of the 
municipal court may be made returnable on any day other 
than Sunday or a holiday, and shall be served on the 
defendant at least five da3*s before the day of trial when 
served within the county in which the town is situate, and 
at least ten days before the day of trial when served outside 
of the said county, provided that when a writ of summons 
has been served the requisite number of days before the 
trial a writ of capias in the same cause may be served and 
executed at any time before the trial. 

114. The municipal court, in respect to all matters and Eitciu«ive jun*. 
causes over which the said court ha^ jurisdiction conferred 

upon it by this Act, shall have exclusive jurisdiction and no 
suit or action respecting such matters or causes of action 
shall be-brought in any other court than the municipal 
court, or before any justice or justices of the peace, except 
that nothing herein contained shall abridge or in anyway 
interferfi with the jurisdiction whether original or appellate 
of the supreme court or county court. 

115. The municipal court shall use as its process writ Proo^o'Co^^rt- 
of summons, capias, execution and subpoena in the forms in 

the schedule E to this Act contained. 

116. When a party applies to have a writ of summons ^^jj^l^" ^ 
or capias issued out of the municipal court, he shall file a 
statement in writing containing the particulars of his cause 

of action on which the writ is to issue and the cause is to 
be tried. 

117. Every action shall be commenced by writ of Action, how 
summons or capias. The copy of every summons or capias 

served on the defendant shall have annexed thereto or 
endorsed thereon a copy of the particulars of the plaintiffs 
claim or cause of action, and a notice signed by the clerk 
stating that if the defendant does not appear and file his 
gronnda of defence and the particulars of his set-oft, if any, 



282 49 Vic. CHAPTER 86. 1886, 

with the clerk, and serve the same on the attorney of the 
plaintiff, if named in the writ, or at the address of the 
plaintiff if any such address be named in the writ, at least 
forty-eight hours before the time named in the writ for the 
trial, the plaintiff shall be entitled to judgment for the 
amount claimed in his particulars with costs. 

Concurrent writs 118. Where there are two or more defendants residing 
mayiaBue. .^ ^^^ ^^ more different counties concurrent writs of 
summons or capias may be issued. 

Action Against 119. Where an action is brought against two or more 
ante. * " * defendants and they reside in two or more different counties, 
or one or more of such defendants cannot be found, one or 
more of such defendants may be served with process and 
the action may be proceeded with against such defendant 
or defendants as have been served, and judgment may be 
entered up against the defendant or defendants so served. 

Court, when to 120. The municipal court shall sit for the trial of causes 
on every Monday (holidays excepted), and such other days 
as the recorder shall from time to time appoint, commencing 
at such hour as the recorder shall by rule, published in one 
or more newspapers published in the city of Halifax, 
appoint, and may sit by adjournment from day to day 
until all the causes on the docket for trial are disposed of. 

twct^ ^' ^*' ^ ^^' -^'' matters of defence to any suit in the municipal 
court shall be set out in writing, briefly stating the several 
grounds thereof and entitled in the cause, or indicating in 
some sufficient manner the cause to which it refers, and 
shall be signed by the defendant or his attorney, and where 
there is matter of set-off pleaded the same shall contain full 
particulars thereof, and^the said defence and set-off shall 
be filed with the clerk of the court at least forty-eight 
hours before the time named in the writ for the trial of 
the cause, and shall also within the like period be served 
on the attorney of the plaintiff if named in the writ of 
summons, or at the address of the plaintiff if such address 
be named in the summons. 

Jjj<*«n«nt8 122. Where the defendant fails to file his grounds of 

^ ^^ ' defence and set-of with the clerk within the time named in 

the notice endorsed on the summons or capias, and it is 
made to appear by the oath or affidavit of the constable or 
officer who served the writ that the defendant had been 
duly served with a copy of the summons or capias a suffi- 
cient number of days before the day of trial, the plaintifi 



188a CHAPTER 86. 49 Vic. 283 

shall be entitled to final judgment for the amount of his 

Carticulars with costs without proof of his claim, provided 
owever, that the recorder may, on good cause shown on 
affidavit or sworn to in open court, and on such terms as 
he may deem right, allow the defendant to file and serve 
his crrounds of defence and set-oft' after the time allowed 
therefor has expired, and it shall be a sufficient ground for 
such allowance that the defendant was ignorant of the 
necessity for filing or serving such defence. 

12S. All judgments in said court shall be entered up Judgment, haw 
by the clerk and signed by the recorr'er. and no suit or***"*^ 
action shall be brought on such judgment in any court 
within five years after the signing thereof. * 

124. If the defendant pleads a tender before action he J^^^ p^* ^°*» 
shall pay the money to the clerk whep he files his grounds 

of defence, and if on the trial of the cause it appears that 
the defendant tendered the money to the plaint! ft* before 
action, and the same was suflScient to satisfy the plaintifi s 
claim, the defendant shall be entitled to judgment for his 
costs, which shall be deducted from the amount paid into 
court or may be recovered from the plaintiff by execution. 

125. Where the defendant pays money into court and*'^"*?! *<* ^ 

.1 . , . ^ ,1 I . .^V. 1 . t . deducted. 

the judgment is for the plamtin, the amount paid into 
court shall be deducted from the amount due the plaintiff, 
and the judgment shall be entered up for the balance due 
Ute plaintiff and costs. 

126. Judgments in the municipal court shall bear Judgment to 
interest from the date of entry at the rate of six per cent,****' *"***"**• 
per annum. 

127. No judgment or other proceeding had or made Matter of form 
concerning any matter or thing in the municipal court "^^ *** ^***'** 
shall be quashed, vacated, or set aside for any matter of 

form. 

128. Where a judgment is entered against two or more Execution, hour 
joint debtors, execution issued thereon may be levied on***^*^* 

the joint or separate property of the defendants and on the 
person of any one or more of the defendants. 

129. Where a defendant remains concealed in order to where defend- 
avoid service of a writ of summons the same may ^^ »"* ~'>*^<»^**« 
served by the constable leaving the same at the place of 
residence of the defendant, and the same shall be deemed 
sufficient service if the constable making the service shall 

loake affidavit that he attempted to effect service thereof 



284 



49 Via 



CHAPTER 86. 



1886. 



Execution as in 
schedule. 



on the defendant, and that he was unable to effect personal 
service on account of the defendant keeping himself con- 
cealed in order to avoid service of the summons on him. 

130. Execution may be issued in the form in the 
schedule to this Act, upon such judgment at any time 
i^ithin five years after the signing thereof and aliae and 
pluriea executions may be issued 

Defendant let in, 131, j^ ghall be lawful for the recorder upon such 
terms as to costs or otherwise as he may think fit at any 
time within one year after final judgment, to let in the 
defendant in any action to defend the same, upon an appli* 
cation Supported by satisfactory affidavits accounting for 
non-appearance, and disclosin&r a defence upon the merits 
with the particular grounds thereof ; and affidavits shall be 
received in reply unless the recorder shall otherwise order. 

tor't^*'*** 132. The clerk shall make out a list of the aiuses for 

trial in each sittings, placing the causes on the said list in 
the order of the issue of the writs, and the causes shall be 
tried in the order in which they stand on the said list, 
unless the recorder shall otherwise order. The list shall 
only be called once during each terra. The recorder may, 
however, in his discretion continue a cause to such other 
term as he shall name, or may set down a cause for trial for 
a certain day. 

133. The continuance of a cause to another term shall 
not be granted at the instance of the plaintiff* or defendant, 
unless upon an affidavit stating some reasonable and sub- 
stantial reason for the continuance, and the affidavit on the 
part of the plaintiff shall aver a good cause of action, and 
that on the part of the defendant shall cover a good and 
substantial defence on the merits, and the recorder shall be 
at liberty to impose such terms in the rule for a continu- 
ance as he shall deem juet. 

134. Whenever by reason of sibkness or unavoidable 
absence the recorder cannot attend on the day the munici- 
pal court is to be held, the town clerk shall adjourn the 
court to such day as he may deen^ convenient, and the 
court shall be held on that day, and the causes on the list 
for trial will stand for trial on the day to which the court 
is so adjourned. 

135. Causes shall be tried in a summary way in the 
municipal court upon the viva voce testimony of witnesses, 
or by the depositions of witnesses, aged, infirm, or about 



Continuant 
how grani 



nee, 
tted. 



Cburt naav be 
•djouraeo. 



Causes, how 
tried. 



1886. CHAPTER 86. 49 Via 285 

to leave the town, tafcien as herein provided, npon the same 
rules of law, and subject to the same defence, as in the 
sapreme court. 

136. Parties may prosecute and defend in person or by PwtiM mty ap. 
attorneys of the supreme court, but no costs shall be taxed '^^ *° '^'**"' 
in respect of the services of any attorney. 

137. Executors and administrators may sue and beExecutowand 
soed in the municipal court, and judgment and execution °*° " "■ 
shall have the like effect as judgment and execution in 

the sapreme court. 

138. When an action is brought in the municipal whtreoourtha* 
court, which the court has no jurisdiction to try, the °° ^"'******"*"*- 
recorder shall give judgment of non-suit, and the defendant 

shall be entitled to enter judgment for his costs, and 
have execution therefor. 

139. In any cause in the municipal court, the depo- Deposition, how 
sition of any witness who is about to leave the town,***'*"* 

or who is aged, infirm, or otherwise uuable to attend 
the court, may be taken before the recorder, or any 
barrister of the supreme court, on twenty-fjur hours' 
notice being given by the party who wishes the deposition 
taken to the opposite party, and the deposition so taken 
shall forthwith be filed with the clerk and may be read 
in evidence on the trial of said cause ; subpoenas may be 
issued to compel the attendance of witnesses before the 
recorder or such barrister to be examined, and in case of 
disobedience of the command in such subpoena, a warrant 
may issue under the hand of the recorder in the form in 
the schedule to this Act contained. 

140. If the plaintiff or any person on his behalf shall oapiM, how 
before, at, or after the commencement of an action in the 
municipal court, make an affidavit that the defendant is 
indebt^ to the plaintiff in a sum within the jurisdiction of 
the municipal court, that the defendant is then within the 
county in which the town is situate, and that the deponent 
has probable cause for believing and does believe that the 
defendant is about to leave the said county, and that he 
fears the debt will be lost unless such defendant is forth- 
with arrested, the plaintiff ahall be entitled to have a writ 
or writs of capias issued out of the municipal court for the 
arrest of such defendant And in said affidavit the grounds 
of the deponent's belief need not be stated. 

Ul. The constable to whom said writ of capias is ^"^ of defend, 
delivered to be served shall forthwith proceed to arrest" 



S8B .49 VtC. CHAPTER 88. 1886. 

such defendant, atid shall convey him to the county jail 
or lock-up in the town, and he shall there be detained in 
custody unless and until he shall give a bail bond to the 
plaintiff, with sufficient sureties conditioned for the 
appearance of the defendant in the municipal court at the 
time named in the said writ of capias^ or the payment of 
the amount of any judgment Which may be finally rendered 
against the defendant in the said cause, or shall make 
deposit of the sum claimed in the plaintiff's particulars 
attached to said capias together with five dollars for costs, 
and the constable shall forthwith upon the execution 
thereof, or wlren the same is not executed then on the return 
day thereof, make return of said capias to the town clerk 
with his doings thereon, and on the day appointed for the 
trial of said cause^ when the defendant has filed his grounds 
of defence and off-set within the time herein prescribed, the 
defendant shall, if he demand it. be brought up before the 
municipal court by the jailer or by a constable or officer of 
said court) in order that he may be present at the said trial, 
and the defendant shall be and remain in custody during 
said trial, and if judgment be given against him for any 
sum, unless he shall forthwith pay the same, he shall be 
reconveyed to jaiK But should he appeal from the judg- 
ment, he shall on perfecting his appeal be discharged from 
custody. The constable, jailer or officer conveying the 
prisoner to and from the court shall be entitled to the same 
fees as heretofore, and the sheriff shall not be liable for an 
escape of the party while out of his actual custody under 
this section. 

SefMdiult ^ ^^^' -^"y pc^so" arrested under a capias may negative 

by affidavit or oath before the recorder the fact of his being 
about to leave the county, and upon such affidavit or oath, 
if uncontradicted, the recorder may order his discharge 
from custody, or order the bail bond to be delivered up to 
be cancelled with costs in the discretion of the recorder, 
which costs if allowed shall be costs in the cause. 

Bo^neni prow ]43, Where a person has been arrested under capias 
issued out of the municipal court, the subsequent pro^ 
ceedings, including rendering of such person in discharge of 
his bail where not herein otherwise provided for, shall be 
similar to proceedings in the supreme court in like cases. 

koney paid into 144. The defendant ma,y at any time before trial pay 
to the town clerk the amount which he considers sufficient 
to satisfy the plaintitTs claim and the costs then incurred, 
and give notice thereof to the plaintiff, and thereupon the 



-• 



1888. CHAPTER 86. 49 Vic. 287 

plaintiff may accept the same in satisfaction thereof, or if 
the plaintiif does not consider the sum paid into the court 
sufficient to .satisfy his claim and the costs incurred, he may 
give the defendant notice that the sum paid into the court 
is not sufficient to satisfy his claim and costs, and if on the 
trial of the said cause it shall appear that no more is due to 
the plaintiff than the sum paid into the court, the defendant 
shall be entitled to judgment, for his costs, incurred after 
such payment. 

145. The party succeeding shall in all cases be entitled j^rty^jUJ^^^ 
t-o his costs, which shall be taxed and allowed by the 
recorder at the trial and included in the judgment. 

146. The municipal court shall have the same power of ^o^«'o«*«>end* 
amendment of proceedings therein as the supreme court or 

a judge thereof has in cases in the supreme court. 

147. The municipal court shall have the same power ^*J]^^"**« 
and jurisdiction to issue subpoenas for the attendance of 

witness to give evidence on the trial of causes therein as is 
possessed or exercised by the supreme court, and any 
witness who shall have been duly served With a subpoena to 
Attend said court and shall neglect to attend according to 
the couuuand in said subpoena, or shall refuse to be sworn 
or give evidence when in court, and any person who being 
in Court shall refuse when called upon by the cler k of the 
court to be sworn or to give evidence, shall be liable to a 
penalty of not more than fifty dollars, and in default of 
payment thereof shall be imprisoned in the county jail for 
a period not exceeding ninety days. 

148. Any oath required by the practice of the munici^oath, by ij^iom 
pal court to be administered, may be administered by the *^"**"*'** ' 
recorder or clerk. 

149. Any affidavit required by the practice of theA«davit, beior* 

^..t. 1 'ii» 1 whom iworii. 

municipal court may be sworn before any recorder or town 
clerk or justice of the peace, or before a commissioner of 
the supreme or county court. 

150. The recorder shall have power to frame a^d "^^l^^SSSelJi **' 
all such rules and regulations and forms not inconsistent * '"*** 
^ith this Act or repujrnant to law, as shall be necessary 

to regulate the practice in the municipal court 

lol. Any party dissatisfied with the decision of theApp«^ how 
Recorder in any case tried in the municipal coUrt may^**" 



288 49 Vic. CHAPTER 86. 188C. 

appeal thereform to the county court, and in case of an 
appeal the appellant, or, in his absence, his agent, before 
the appeal shall be allowed, shall make an affidavit in 
writing that he is dissatisfied with the judgment and feels 
aggrieved thereby, and that such appeal is not prosecuted 
for the purpose of delay, and shall file the same with the 
clerk ; and the party so appealing, or in his absence his 
agent, shall within ten daj's after the judgment enter into 
a bond with sufiicient surety in a penalty not less than 
double the amount of the judgment, and not less in 
any case than twenty-five dollars, with a condition 
that the appellant shall enter and prosecute his appeal and 
perform the judgment of the court, or render the body of 
the appellant and pay the costs accruing on the appeal ; or 
shall before the first day of the term of such county court 
pay the amount of the judgment together with all costs 
thereon subsequently accruing, and the clerk, if thereto 
required, shall prepare the aflidavit and appeal bond ; which 
appeal, if applied for at any time within ten days after 
judgment in such cause, the recorder shall be bound to grant 
returnable to the next term of the county court in the 
county of Halifax ; and execution, if not issued when the 
appeal is applied for, and the appellant or his agent shall 
make the affidavit, shall be stayed ; but in such case, if the 
defendant have given bail, his bail shall continue liable, 
notwithstanding his personal appearance, until they shall 
render him, or he shall give an appeal bond within the ten 
days herein prescribed ; and if execution has issued before 
the appeal is applied for^ it shall be stayed on the same 
being perfected, on the order of the recorder, to be granted 
at the instance of the appellant and duly served upon the 
constable. 

Sureties may 152. The surcties to the appeal bond shall have the 

render. power to render the appellant ; and the sheriff shall be 

bound to receive him at any time after the trial de novo, 

in the same manner as defendants are now rendered by 

bail to a capias issued out of the supreme court. 

PM)«r»,towbom 153. In case of appeal the town clerk shall not later 
than on# week after the perfecting of the appeal return 
to the clerk of the county court all the papers in the 
cause together with a transcript of the judgment, and the 
affidavit and appeal bond, and a memorandum, so far as 
the same can be ascertained, of the costs to which each 
party would have been entitled in the municipal court in 
the event of judgment having been in his favor. 



1886. CHAPTER 88. 49 V^ia 28» 

154. The proceedings on appeals from the municipal JJJ^jf *"** " 
eonrt, shall, where not otherwise herein provided, be the 
. lanie as the proceedings on appeals from the decisions of 

I justices of the peace in civil cases. 

155. The testimony of a witness in custody may be witnew in cus- 
taken in any cause pending in the municipal court, in the^^' 
same way that the evidence of a witness in custody may 

be taken in the county court 

156. The constable to whom an execution issued out Duty oi can. 
of the municipal court is delivered to be executed, shall 
execute the same in the way sheriffs are by law required 

to execute writs of execution issued out of the supreme 
S court, and for that purpose are hereby invested with all 

< the power and authority within the county or town for 

which they are appointed or have jurisdiction which 

sheriffs have, possess and exercise within their respective 

faidliwicksw 

167. All policemen and constables appointed by the £*!JS^'Jio^ 
town council shall have power to serve and execute process 
issued out of the municipal court or by the stipendiary 
magistrate anywhere in the county in which the town is . 
^ situate. 

158. All executions shall be made returnable in thirty ^^J^^^^*^, 
days. Able. 

159. Any policeman or constable who shall neglect or Jjjijj*"'* ^^^ 
refuse to serve, execute or make return of any summons, 

capias, subpoena or execution, shall on summary convic- 
"• tion thereof forfeit a sum not exceeding twenty dollars, 
and in default of payment shall be imprisoned in the 
eoanty jail for a period not exceeding thirty days. 

160. Where any person is committed to ^ jail under ^^*jj^,'^«*^ 
capias or execution issued out of the municipal court, the 

benefit of the law that may be in force for relieving indi- 
gent debtors from prison may be extended to said person 
by the municipal court or the recorder, and the procedure 
shall be the same as nearly as mav be as provided in chapter 
118, « Of the relief of indigent dtbbors." . > 

161. ^ The costs and fees to be taxed and allowed incofteincouii . 
Uie municipal court shall be as follows : — 

19 



290 



49 Via 



CHAPTER 86. 



1886. 



Summons or capias . . . « « ..«...« ^ • $ 50 

Each copy do « 25 

Affidavits for capias or other purpose, each ...«..«. 25 

Subpoena 30 

Ticket 20 

Swearing each witness « « « . • 10 

Trial and judgment, when for $40 or more 1 00 

•• under »40 60 

Rules or orders, each. 20 

Copies each • 10 

Appeal bond 60 

Trannmitting appeal • • 25 

Certificate of judgment « • « 25 

Do. of discharge • 25 

constable's fees. 

Serving summons or capias and making return . . . • 20 

Bail bond . 50 

Attending trial with prisoner under capias 50 

Serving subpoena • 20 

Serving execution and return 20 

Poundage on execution, when sale. ... 5 per cent. 
" " " when paid .... 2^ per cent. 
All travelling on service of summons, capias, execu- 
tion and subpoena, &c., to be travel actually 
and necessarily performed by constable or other 
officer, per mile 5 

m£rt^ 162. Any person taking greater fees for the service?^ 

than those herein prescribed shall for each offence forfeit 
the amount of $30 to the person aggrieved, which sum, with 
such excessive fees, may be recovered by him in an action 
of debt. 

POLICE ADMINISTRATION. 

Amiiitinttit 163. In casc of riot, tumult or disturbances or illegal 

■toSS**^**"' act of any kind, accompanied with force and violence^ 
within the precinct of the municipality, or a just appreben^ 
sion thereof, the warden, stipendiary magistrate* or any one 
or more of the councillors may, by writing under their 
hands, appoint any number of special constables to assist id 
preserving peace and order. 

Under wboN lt)4. Such Special constablcs shall be under the direc- 

oontrot ^Jqjj g^yjj control of the committee of police. 

Ttoftetiromin. 165. The warden or any member of the committee of 
police may swear in such special constableH to ti^e faithful 
discharge of their duties. 



1886. CHIPTER -86. 49 Vic. 291 

166. The appointnent of such special constables shall ^r^vi^t period. 
'Continue in foFce for the space of seven days from the date 

of such appointnent, unless sooner ^revoked hy the 
'Committee on •poKce. 

167. In case any ^lisorder or disturbances shall ^*«5urDu»^e^i»b. 
si any public meeting or assemblage of persons, the warden, ™^ '* 
Btipendiary magistrate, or any ooancillor of the town, upon 

the reqaeiit of thexhairman m such meeting or of three or 
more freeholders, may verbadiy appoint and sWear in special 
constables, whoi^hall aid in reiitoring and preserving ordef 
and peace at such meeting or assembly, and who shall be 
under the control of the warden, stipendiary magistrate or 
•any meafberx>f the council. 

16& Any person appomted -a special constable who pinaity (or re. 
-shall refuse ^ act or be sworn in, shoN beliable to a penalty ^^"^^ ^^ 
not exceeding ten doHars, and in <}efault of payment to 
imprisonment in the 'county jja41 for thirty days. 

169. The coancal may from time to time appoint such textraoonstabiM 
number of «xtra constables as they may deem necessary, 
and for such period, not exceeding one year, as they shall 
-deem requisite. 

176. Each extra constable shall be sworn in before theshau vt iwoni 
"warden, stipendiary magistrate or any of the councillors,**- 
to the faithfifl discharge df his <kities while he ^hall 
"continue to be an>extra ccmstable. 

171. The council roayxompensate any extra constable May be oompen- 
for loss of tine when eaUed out for apedal duty, but in"**^ 

no other case. 

172. The e!Xtra*constai>le8-sfaiai bounder iAxe direction shaii onist po- 
and control of the committee df pdice^ they shall assist the"^''"'*''' 
polioeoMbn in any of their duties. 

173. On ^e re^ue^ df the warden, tttipendiary magis-shaii serve pro- 
trate or <x>minietee of police, they shall serve any summons *^*^ ^ 

or execute any warrant emanating from the police oflice or 
llunicijpal Court, or perfoi*« any duty that a policeman has 
•authority to do. In <:ase of an actual breach of the peace 
occurring in ttieir presence, they «haU interfere to preserve 
order, and if necessary shall arrest wrong doers and con- 
'vey them to the lock-up or jail. 

174. In cases of larceny, or alleged larceny, the extra Extnpowen !n 
'Constables shaU have, power to act in prevention or oth^jr-'*'*^****'*^ 



292 49 Vrd CHAPTER 80. 188R 

wise, and in cases of violent removal of goods, or violence 
as to property in bouses or the possession thereof, shall have 
power to assist in keepiog the peace. 

p«MiHy for non- 175. Any extfa constable so appointed, who shall not 
^'^' attend at the police ofBce at such tkne as he sbalV be notified 
for the purpose of being sworn in, or who shall refuse to 
to take the oaih,^ shaM be liable to a penalty of not less than 
ten or more thi^n forty dollars, and ii^ default of payment 
shall be sctbjeet to imprisonment ii> the lockup or county 
jail for a period of not less than ten or more than sii&ty days» 

Mrti£imwa ^'^^' ^^ ^*®* •'^7 persons are found by the policemen 

or extra constables in the act of defacing, injuring or 
destroying any bridge or public property, or trees on any 
street, lane, of publie or open place, or in the front of any 
house or buikling, which have been growing or placed there 
for shade, ornament or other purpose, or discovered digging 
up or removing any of the soil of the common, or defacing 
or injuring the exterior of any house, building or fence, or 
the shutters or the appendages thereof, or in writing any 
obscene or profane words on any fence or building, the 
policemen or ex^tra constables shall arrest such trespassers 
if they are unknown persons, and take them te the lock-up 
or jail, and detain them there until they can be brought 
before the stipendiary magistrate, 

foHce office e». 177. There shall be in the town a police oflfce, to be 
toMished. established by the town council^ where all the police 
business of the town shall be transacted. 

stipendianr Ha- 17S. The Stipendiary magistrate shall attend at such 
yiiitratef uty. p^jj^^ oflBcc daily, or at such times and for snch period as 
may be necessary for the disposal of the business brought 
before him as a justice of the peace or as a stipendiary or 
police DHtgistrate, and shall have, possess and exereiee all 
the jurisdiction, power and authority necessary for the 
apprehension, committal, conviction and punishment of 
criminal offenders within the town over whieh justices of 
the peace, stipendiary and police magi^^trates have jurisdic- 
tion, and for the earrying into efiect the provisions of this 
Act and of the laws in ' f oree in and the by-lawa and 
ordinances of the town, provided however, that in ease the 
stipendiary magistrate is tem'porarily absent trowr the town 
or is unable through sickness or otherwise to attend at the 
police office, the council may by resolution appoint an 
acting stipendiary magistrate who shall, during such 
temporary absence, sickness or the continuance of such 
other disabling cause, have all the power, jurisdiction and 



1«86L CHAPTER 86. 49 Via 293 

anthoriiy of tfae stipendiary magisti-ate, and in case no such 
acting «tipendlarjr magistrate is a{>peinted by the councU, 
the warden or a •coancSlor of the town may on the request 
of the stipendiary magistrate attend at the poKce office, and 
«ball perform tlie dtities of ttie stipendiary magistrate during 
his absence or incapacity, and the warden er councillor se 
acting in the place of the stipendiary magistrate shall have 
all the jurisdiction, power and aHtbority ef the stipendiary 
magistFttte. 

179. The town de A or such other person as the council ^^^ ?<*"«• 
shall appoint for that purpose shaii be the clerk of the 
police office, and shall perform the duties of clerk of the 
-stipendiary magistrate. 

IHO. There shall be kept in the police office by the PoUoe oince ne- 
clerk thereof a book to he called the ^' Police Office Record *^ ^^ 
Book,^' In which shall be set down the names of all persons 
against whom charges are made in said office, the name of 
the person making the charge, the cdfenee charged, and the 
manner in which, and the jperson by w'hom, the said charge 
is disposed ol 

181. All actions and prosecutions for penalties for the SJgSjJ*'^ *^ 
breach of any of the previsions of this Act or of any Act 
which may be hereafter passed in amendment thereof, or 
4>f any Act of the Jegislature of Nova Scotia in force in the 
town, -or of any by-law er ordinance of the town, may 
when not otherwise herein provided, be prosecuted by the 
town or any officer thereof, or any person who may 
prosecute therefor, and shall be laid by information or com- 
plaint before the stipendiary magistrate of the town^ who 
9s hereby invested with full jurisdiction, power and 
authority to hear, try and determine in a summary way 
without a jury all such prosecutions, and do all such acts, 
matters and things as are required or necessary to be done, 
to enforce and collect such penalties and forfeitures, and 
when not otherwise herein provided the proceedings shall 
and may be had and taken for enforcing and recovering the 
penalties and forfeitures, compelling the attendance of 
parties or witnesses, bearing the complaint, and for the 
oondnet of the court, the taking and estreating of recogniz- 
ance and the infliction of the punishments, and otherwise in 
respect thereof, and the stipendiary magistrateshaJJ perform 
the duties in respect thereof, and in respect, to any 
'Conviction or order made by him by virtue of this Act or 
of any in force in the town or by-law of the town* which 
are .provided and set forth in sChapter 103 of the Revised 
Statutes, " Of summary convictions and orders/' provided 



294 49 Vic. eiTAPTER M.. l««r. 

however, that appeals from the decision of the stipendiary 
magistrate shall be to the Comnty Co«rt of ike eounty of 
Haliiax, Dietrici No. 1. Provided also^ that it shaN not be- 
necessary for the stipendiary magistrate to make any 
return of eonvictiens made by him as aforesaid to the elerk 
of the County Gourt or to the oferh of any other court, but- 
said convictions shaH: be filed in th» police office and a* 
certified copy thereof made by the town clerk shall be- 
evidence thereof in any eonrt upon the trial of any eause^ 
information and ledietment^ 

Fine>, Ac., to 182. All fines, ferfeitnres and fees eollected or received* 
Iwai****^" in the stipendiary magistrate'^B conrt or in the police offioe- 

of the town,, shall be paid into and form part of the general 

revenues of the town. 

NocneecMao t» 1>83^. It shaH not be necessary iti any conviction made- 
^te^nform*- y^j^j. |jjjg ^^j. ^^ ^^y ^^^ jj^ amendment hereof, or under 

any Act in force in the town, or nndep any b^'-Iaw or 
ordinance of the town, to- set ent the information, appear-, 
ance or nonappearance of the defendant, or the evidence or 
. by-law «nder which the eonvictioB is laade^ 

sunmaii wn- 184. In alT cascs^ ef summary eonvictrons or orders. 

«ioti«na. made by the stipendiary magistrate for the recovery or 

enforcement of fopfeitares and penalties incurred under- 
ibis or under any otfier Act of Nova Scotia, or tinder tho> 
by-laws of the town, he may award and' order in and by 
his conviction or order that the defendant p>ay to^ the- 
prosecutor or complainant stieh costs as the stipendiary 
magistrate deems reasonable in that behalf, and when the* 
information or complaint is disroHsed, ihe stipendiary* 
magistrate may award and order that the complainant or^ 
prosecHtor pay to the defendant s«ch costs as the saidt 
stipendiary magistrate shaH deem reasonable. 

L«vy by difttreas 185. In default of payment of any fine or penalty 
^^ '^^' imposed by the stipendfary magistrate at the time named 
by him for the same to be paid, the same may be levied by 
distress and sale of the defendant's goods and chattels, andi 
in default of sufficient distress, by imprisonment with or 
wtthoat hard labov for a peviod' not to exceed^ si^ty days,, 
unless some other period is mentioned in tfte Act or by-law- 
creating the offence, or the stipendiary magistrate may if" 
he see fit, instead of issuing a warrant of distress, commit 
the defendant to the common jail of the county, there to bo 
imprisoned with oi: without hard. laboc for the ijme aforesaid^ 



1886. CHAPTER 8«. 49 Via 295 

186. la any cane brought or charge made in the police suMndiAnrmv 
office before the Rtipefidiary magistrate against any person teodanSr *" 
for breach of any of the provisions of this Act, or any 
other Act of Nova Scotia in force in the town, or of the 
by-lawfi of the town, or in any case where the defendant is 
arrested either on view of the offence or under warrant, 
the stipeniliary magistrate may in his discretion allow the 
defendant to go at large upon his entering into a recog- 
nizance either with or without sureties, in such a sum as 
the stipendiary magistrate shall name conditioned for his 
appearance at the police office at the time appointed by the 
stipendiary magistrate. 

187. No conviction or order made by the stipendiary ^^Jj^o"^ 
magistrate shall be quashed for want of form, and no war- 
rant or commitment shall be held void by reason of any 

defect therein, provided it be therein alleged that the party 
has been convicted and there is a good and valid conviction 
to sustain the same. 

188. The fees charged and allowed in the police ofl5ceJ|j«»*« police oi- 
fthall be as follows : 

Information or charge $ .20 

Each warrant or summons ^0 

Each copy to be served on defendants 25 

Summons for witness, each witness 20 

Hearinor complaint 50 

Conviction 50 

Copies of any paper connected with trial, or of 
minutee, when required, lOcts. per folio. 

Bills of cost ', 10 

\y itness fees on summary trials, per day. 50 

Witness fees, travel per mile each way .05 

Constable's fees ., 

Service of summons and return 30 

Arrest .'^O 

Tnivel, when necessary, per mile each way 05 

MISCBLLANfiOUS. 

189. The town shall have a common seal as at present Town to hm 
established, which shall be made of suitable metal, and****"*"*^ "** 
fi^all have such a device engraved upon it as the council 

fihall order, and such seal shall be kept by the town clerk. 

190. All deeds or documents to which the town is a^J;JJsr ••• 
V^y and to which a seal is requisite, shall be authenticated 

«>J thfi town sealf and the warden and town clerk shall 



296 49 Vic. CHAPTER 86. 1886. 

sign the same and affix tbe corporate seal thereto when 
authorized by any law or by-law, or by resolution of the 
town council. 

V9t for aAxinr 191. The Warden or town clerk may affix the seal to 
'^' any certificate or document at the request of the person 

desiring it, upon payment of such foe therefor as the towA 
council shall by resolution or by-law prescribe* 

BY-LAWS AND ORDINANCES. 

oowMgi maj 192. The council may make regulations for the naa- 

kc. ^ ^ agement and good order of their proceedings, and may 

make by-laws to regulate the following subjects : — 

(1.) The management of such real estate as may be 
required for the public use of the inhabitants of the town, 
and of all other property of the town. 

(2.) The prevention and extinguishing of fire& 

(3.) The establishment and regulation of markets, 
market houses and fairs, and the slaughter of animals and 
sale of dead meats. 

(4.) The protection of streets, squares, sidewaTks and 
pavements, and of the posts, railings, trees and other 
defences and ornaments thereof. 

(5.) The use and management of docks, wharves, land^ 
ings and cranes, and fixing the rate of dockage, wharfage 
and cranage in all cases within the town. 

(6.) The weighing and measurement of salt, coal and 
wood, lumber, shingles, logs, timber, and hay, straw and 
grain, and fixing the rates therefor. 

(7.) The licensing and regulation of carriage* for hire, 
cartage and truckage. 

(8.) The regulation of pounds and fixing the fees and 
rates to be taken and received by pound-keepers and per* 
sons lawfully driving anything to pound. 

(9.) The prevention of the firing of guns or other fire- 
arms, or the setting oif of squibs or other fireworks^ or the 
burning of combustible materials, the carrying of fire, 
lighted candles or lamps without being covered or secured, 
and the protection of tbe public from accident from ice 
cutting operations on lakes within the town. 

(10.) Imposing and collecting a tax on dogs, which 
by-laws may contain provisions for the destruction of dogs 
in default of the payment of tax by the party liable. 



1886. CHAPTER 86. 49 Vic. 297 

(U.) The prevention of Ihe ringing; of bells, shouting, 
or other unusual noises in the streets, knocking at doors or 
ringing door-bells. 

(12.) The prevention and punishment of furious or 
disorderly driving or riding on the public roads and bridges, 
and coasting thereon. 

(13.) The prevention of the growth of thistles and 
other noxious weeds. 

(1 4.) The establishment, management, maintenance and 
r^rolation of lock-up houses. 

(15.) The prevention of vice, immoralitv and indecency 
in the public streets, highways and other public places, and 
prevention of the profanation of the Sabbath. 

(16.) Restraining, prohibiting and licensing all exhibi- 
tions, circuses and other shows for hire or profit, and the 
preservation of order thereat. 

(17.) The prevention and regulation of the going at 
large of horses, cattle, sheep, swine, goats, dogs, geese, 
turkeys, hens and other domestic fowls, and regulating the 
eare and keeping of stray horses, cattle and sheep. 

(18.) The regulation of the amount in which bonds 
shall be given by town officers concerned in the collection, 
receipt or expenditure of money, the form thereof, the 
manner in which they shall be given, and the nature of the 
security to be given when not otherwise regulated. 

(19.) Defining the duties of town officers and the 
manner in which they shall account for moneys received or 
expended by them. 

(20.) Regulation of the discharging and depositing of 
ballast in all portions of the harbor of Halifax. 

(21.) The licensing of auctioneers and pedlars, and 
hawkers of goods, and traders, who are not ratepayers 
within the town. 

An authentic copy of each by-law passed by the 
town council shall be laid before the Legislative Assembly 
within ten days after the opening of the session next fol- 
lowing the passing thereof, and any by-law repugnant to • 
the laws of the province or the provisions of this chapter 
shall be wholly void. 

Any person who shall violate any by-law or ordinance 
of the town shall, upon conviction thereof before the 
stipendiary magistrate, forfeit a sum not exceeding twenty 
dollarg, and in default of payment thereof shall be 
imprisoned for a period not exceeding sixty days. 



298 49 Vic. CHAPTER 86. 1886. 

JS**°iedf*"* **^ 193. The following enactments are hereby repealed, 
that is to say : The by-law of the town entitled, Municipal 
Court, number IV. of the orifjrinal by-laws and ordinances 
of the town, also the by-law entitled, Police Force, number 
V. of said orij^rinal by-laws and ordinances, also the by-law 
entitled. Special Constables, number VI. of said original 
by-laws and ordinances; also, the by-law entitled, Prosecu- 
tions, page 20 of the said by-laws and ordinances, as 
published in the printed volume on file in the office of the 
town clerk of Dartmouth, bearing the seal of the town ; 
also, the following sections of the by-law entitled, Streets, 
in said volume, viz. : 1, 2, 9. 11, 12, 13, 14, 15, 16, 17, 18, 
19, 20, 21, 22, 23, 25; the by-law of the town entitled. 
Liquor License, page 28 of said volume ; the by-law 
entitled, Annual Meeting, page 40 of said volume ; the 
by-law entitled. To Supply Vacancies, page 41 of said 
volume ; the added by-law entitled, Addenda, on the 
page of said volume next preceding the appendix, and all 
Acts and parts of Acts inconsistent with this Act. 



Sohadules. SCHEDULES. 



I, A. B., of : do solemnly swear that I am a 

ratepayer of the town of Dartmouth, and that I am of the 
full age of twenty -one years, and I am assessed on property 
in this ward, on the assessment roll made up next previous 
to this election. 



B. 

I __ do solemnly swear that I am unable to 

fill up my ballot paper without assistance, and I desire the 
aid of the presiding officer solely to enable roe to fill up the 
same correctly. 



I, A. B., do swear that I am duly qualified as required 

by law, for the office of of the town of Dartmouth, 

and that I will faithfully perform the duties of 

while I hold office, to the best of my ability. So help me 
God. 



188& CHAPTER 89. 49 YlC. S9ft 

D. 

(Ceriijieate of Jtutgment} 



Town of 



I 



In the Munigifal Court, 188 — . 

^ A. B., Plaintifi. 
Cause. ' 

C. D^ Defendant 

Jod^rinent entered the — - day of 188- 

for (plaintiff or defendant.) 

(Debt or damage) $ 
Coats $ 



I hereby certify that the above is a eorrect traaseript 
of the judgment entered in the above cause in the Municipal 
Court at . 

Dated at this day of A.D., 188-^ 

, Clerk. 

(CertifieaU of Dischenye ef Judgment Reeorckd.) 
Town of ■■ . 

In th£ Munic^fal Court, 188--^ 

A. B., Plainiifi. 



( A. B., I 

i a D., L 



Cause. 

Defendant 

1 hereby eeitify that the jodgneat entered in the abov^ 

cause on the -■■■■ day of A. D., 188-, in the- 

Municipal Co«Ft at — ^ has been satisfied and 

discharged. 

Dated at this day of A.D., 188—. 

^ derh 



300 49 Vic. CHAPTER 86. 1886. 

E. 

(Summons.) 

In the Municipal Couet, 188 — . 

Town of , SS, 

To any Constable of Die Town of or County of 

or Police Officer in the Province of Nova 

Scotia : 

[L.S.1 We cotninand you to summon A. B., of ■ 



in the County of to appear in the Municipal 

Court at on the day of 

at o'clock in the noon, to answer to 

C. D., in the sum of ,and to make return hereof 

on or before the said hour. 

Issued this day of A.D., 188 — 

■ ■ I LflerfC 

{Notice to he endorsed on Summons.) 

Take notice that, unless forty-eight hours before the 
hour of trial mentioned in this summons, the defendant 
appear and file with the clerk grounds of defence and 
particulars of set-off, if any, the plaintiff shall be entitled 
to judgment for the amount claimed with costs. 



Clerk. 



{Ajffidavit of Capias.) 

In the Municipal Coukt, 188 — . 
Town of , SS. 



I, (A. B.,) of in the County of 



make oath and say that C. D., of in the County 

of is indebted to me, (or to E. F., as the case 

may be), in the sum of dollars for the causes of 

action set out in my particulars of demand hereto annexed ; 
that the said C. D. is now within the County of Halifax as 
I verily believe, and I have reasonable and probable cause 
for believing and do believe that the said C D. is about to 



1886. CHAPTER 86. 49 ViC 301 

leave the County of . That I fear the said debt 

i?ill be lost unles8 the said C. D. is forthwith arrested. 

A. B. 

Sworn to at — • in the County 

of this day of 

, A.D., 188 — , before me. 

(Capias.) 
In the Municipal Court, 188 — . 

Town of . 

To any Constable or Police Ojfficer of the Town of 

or County of : 

You are hereby commanded to take A. B., of 



and him safely keep, so that you may have him at the 

Municipal Court in the town of on the 

day of at o'clock in the noon, to 

answer to C. D. in the sum of -^^ . 

Whereof fail not, and have there then this writ, with 
yoor doings thereon. 

Issued this day of A.D., 188—. 

, Clerk. 

Notice to be endorsed on capias same as in summons, 
except in cases where the capias is issued after the suit has 
been commenced by summons. 

{Subpoena.) 
In the Municipal Court, 188—. 

Town of . 

To ; 

You and every of you are required to appear in the 

Municipal Court at on the day of 

at the hour of o'clock in the noon, 

to give evidence on the part of the in a suit 

now depending in said court between A. B., plaintiff, and 
C. D., defendant, and then and there to be tried, which you 
are not to omit under penalty of the law in such cases 
prescribed. 

Dated the — i day of , A.D., 188—. 

Clerk. 



302 40 Vm CHAPTER 86. 1886. 

(TickH.) 
In the Municipal Court, 188—. 
Town ot *' "" ■■ — . 

A. B., Flaintif, 



( A. B, I 
{ G. D., D 



Cause. 

Defendant 



— — .-_^— ^ {a required to give evidence in this 

Btiit) on the part of the — ..w r.rt . r- «-r. . in at the Municipal 

Court at =^ "" on the — -* day of -— ' — ai 

• o^clock in the 

Dated the 




{Ss^ution.) 



To^n of 



JTo any Constable or Police Offixief of the Town of - 
or Oounty of -— ^ v* 

Whereas judgment has been awarded 



Costs-*-—- against C. D. at the suit of A. R in the 

3J Municipal Court at — ^..^ for the sum 

Ex. of and — wore for costSk 

These are therefore to command you to levy 
from off the goods and chattels ol the said C. D. the said 
sums, making tqf^ether the sum of ■■ ■'■ by the sale of 
such goods and chattels^ after duly advertising the same; 
and for want thereof you are hereby required to take the 
body of the said C IX and him commit to Her Mi^esty's 
jail at Halifax^ the keeper whereof is required to take the 
said C. D. into his cU9tody» and him safely keep, until he 
pa>s the full sums aboVe mentioned, with your fees and 
jailor^H fees and costs of Execution, or that he be discharged 
by the said A. B., or otherwise by due course of law. 

Whereof fail not, and make due return of this Writ to 
the said Court, with your doings thereon within thirty 
days from the date thereof. 

Issued this day of A. D., 188—. 

-"■■"' ■■ ^--— > Clerk. 



1886. CHAPTER 86. 49 Via 803 

{Bail Bond.) 

[Bond in the usual form from C. D.^ defeD4ant, E. F. & 
G. U., sureties to J. E.) plaintiff. 

The condition of this obligation Is such that if the above 
bounden C D. do appear in the Municipal Court at 

.^.mm^ on the day of — — — to answer to 

the suit of J E.| and in case judgment shall be obtained 
against the said C. D., if he shall satisfy such judgment, or 
shall render himself, or be endorsed by the said E. F. & . 
G. H.) into the custody of the Sheriff of the County of 
• - ■■ , then the said obligation to be void. 

{Ajfflda^it on Apptal.) 

Town of — , SS. 

In the MuNiaPAL Coort, 188-^. 
A. B., Plaintiff. 



( A. B., / 
i C. D., D 



Cause. 

, Defendant 

I, C. D.. of — in the County of 




(the defendant or plaintiff herein^ or the agent of the 
defendant or plaintiff) make oath and say that I am really 
dissatisfied with and feel aggrieved by the judgment given 
in this cause, that I do not appeal therefrom for the pur-* 
pose of delay, but that justice may be done to me (or the 
defendant or plaintiff as the case may be,) herein. 

C. D. 
— ^ in the County 

this -— day 

A.D., 188*^, before moi 

{Appeal Bond!) 

Bond in the usual form by C. D., E. F. and Q. H., to 
A. B., (the plaintiff or defendant as the case may be.) 

Whereas a certain cause wherein the said A. B. was 

Ilaiiititt; and the said C. D. was defendant, was tried in the 
lunicipal Court at — and judgment was on the 

' day of ■■ " ■ ^' given in favor of the said 

A- B., for the sum of dollars for debt and 

dollars for costs. And an appeal therein hath 

been demanded by (or on behalf of) the said C. D« 



304 49 Vic. CHAPTER 87.' 1886; 

Now, the condition of the above obligation is such, that 
if the said C. D., at the next sitting or term of the County 

Court for the County of shall duly enter and 

prosecute his said appeal, and shall proceed therein to final 
judgment, and shall abide by and fulfil the judgment of the 
said Court, to be given in such appeal, then the above 
obligation to be void. 

Signed, sealed and delivered in presence of 

C. D. (seal.) 

E. F. (seal.) 

G. H. (seal.) 



CHAPTER 87. 

An Act to enable the Municipality of Digby to borrow 
money for fire purposes. 

(PMMd the nth day of M^y, A. D. 18M.) 



Sbgtiov. ] SBcnoir. 

1. Municipality may borrow. 8. Munioipal Council may grant boi 

2. Loan, how to be applied. | 4. Act to be ratified by ratepayera. 



Be it enacted by the Governor, Council, and Assembly, 
as follows : 

Municipality 1. The Municipal Council of the municipality of Digby 

may borrow. .^ hereby cmpowerod to borrow money and issue coupon 
bonds or debentures therefor to the amount of five thousand 
dollars, redeemable at the rate of two hundred and fifty 
dollars in each year, for twenty years, which coupon bond's 
or debentures shall be signed by the warden and clerk, and 
sealed with the seal of the municipality of Digby, and 
shall bear interest at a rate not to exceed six per centum 
per annum, payable half yearly. 

Loan, how to be 2. The money borrowcd under the authority of this 
ftppie . ^^^ ^i^^jj ^ applied in procuring a steam fire engine, hose 

and other necessar}^ appliances, and for the building of 
water tanks or digging of wells, or otherwise providing 
water for fire purposes for the fire district of Digby, and 
the money required to pay such coupon bonds or deben- 
tures and to pay the interest thereon, together with all 
other expenses in connection thereunto, shall be annually 
assessed upon houses and buildings and every description 
of insurable personal property within the said fire district 
of Digby, and the same shall be assessed and collected by 



1M8. CHAPTER 88. 49 Vic. 308 

the same assessors and collectors, under the provisions of 
chapter 63 of the Revi^d Statutes, " Of Fires and Fire- 
wards." 

3. Should the manufacturer or contractor from whom JJ}*"^^ S?2ra 
the said steam fire engine and appliances are procured bonds, 
choose to receive the said coupon bonds or debentures 

instead of cash in payment, the municipal council may 

give such coupon bonds or debentures in payment thereof. , 

4. This Act shall not go into operation until approved b^j^troi^S!** i 
of by a majority of the ratepayers of the said fire district 

of liigby present at a public meeting called by the sheriff, | 

after giving ten days' public notice by handbills posted in 
at least six different public places within said fire di^»trict 
of Digby. 



CHAPTER 88. 

An Act to authorize the sale of the Reformed Episcopal 
Church at Digby. 

(PMMd Um lUh day of Hay, A. D. 188a) 
Samoif.— Preamble. 1. 8a]« of Charch aathorlsed, 

Wherecis, an agreement has been entered into for the i*reambi«. 
sale of the Reformed Episcopal Church edifice and property 
at Digby, in the County of Digby, to the trustees of the 
Baptist Church at Digby ; 

Be it therefore enacted by the Qovernor, Council, and 
Assembly, as follows : 

1. Hon. Edwin R Oakes, George A. Viets, John Hold.s- ^^^ ot churA 
worth, John A. Clinton and John Daley, formerly church •*******"****• 
wardens and vestrymen of the said Reformed Episcopal 
Church, are hereby authorized and empowered to sell and 
dispose of the said church and the furniture contained in 
the same, with the lot of land on which the same is situate, 
and to execute a deed of the same to the said trustees of 
the Baptist Church at Digby, according to the terms of an 
agreement for the sale of the said church and property with 
the said trustees of the Baptist Church under date of the 
twenty-first day of September, A. D. 1885. 



20 



306 49 Vic CHAPTERS 89-90. 1886. 



CHAPTER 89. 

An Aet to change a Polling Place in the County of 
Quysborough. 

(FlMMd the nth day of May, A. D., 18S0.) 
BMnoK.— 1. Omhen poUiog place changed. 

Be it enacted by the Governor, Council, and Assembly, 
as follows : — 

ckMhen poUinor 1. The polling place in Goshen district in the County 
place chaiiflrwi: ^j Guysborough, shall be and is hereby changed to a point 
at or near the school house in said district 



CHAPTER 90. 

An Act to divide the Melford Polling District iu the County 
of Guysborough. 

(PasMd the 11th day of May, A. D. 1886.) 

SBonofr. [ 8icno!f. 

1. Melford poOiofr district dirided. 8. Each dlstrkt to elect • oaandnor. 

2. DivigioDs and poUiug plaoM. | 

Be it enacted by the Governor, Council, and Assembly, 
as follows : 

SSrirt JTlidSS ^' ^'^^^ ^^^ ^^^^ ^^® ^^^ ^*^ ^' '^^y* ^^^^' Melford 
Pulling District in the county of Guysborough, shall be 

divided so as to make tw» separate polling districts by a 

dividing line described and to be drawn as follows : viz., 

Becvinning at a point on the shore at the Strait of Canseau 

near Steep's Creek, thence running in a westerly direction 

alon^ the northern line of lands belonging to John McGuire 

until it strikes the eastern line of Manchester polling section. 

DiTiflioM and 2. All that part of Melford polling section as at present 

pouiag piaoee. constituted on the northern side of said dividing line shall 
be a separate polling district to be known as Port Mulgrave < 
polling section, and the polling place of such distiict shall 
be at or near the lock-up in the village of Port Mulgrave, 
and all that part of Melford polling section as at present 
constituted on the southern side of said dividing line shall 
be a separate polling district to be known as the Melford 



»g8B. CHAFFER 91. '49 ViC 807 

pollinjif section, and the polling place of such district shall 
be near Sand point -in said district 

3. At and after thetieict mfinicipflCI election each of said »j* ^^^^'^Jj 
polling dtstrieta sbaH be entitled to ^lect one coanerllor to 
ihe Municipal Coancil forxke mumcipality of Oiiysborough. 



€HAPTi;R 91. 

An Act to amend the Act passed dtrring'the present session 
of the Nova Scotia Legislature to divide Melford 
Polling District io the County of Guysborough. 

(PSMsed the llth d^y M Mi^, A. B. 18M.) 
Saenoir.— 1. llunlripil-elerk to f^fepare liBta. 

Be it enacted by the Governor, Oouncil, and Assembly, 
*t8 fellows : 

The said Act islierefby amended *by adding thereto the 
following clause : 

I. The iminicipal clerk of the 'municipality of G"y''" Jl""*****^u2j 
Wottfjrh shall prepare from the list of electors for Melford ^^^^^ 
pblling district as stich district existed previous to the 
'pajwagc of the Act hereby amended, two lists, one of wlfich 
6aid lists shall contain the names of the electors entitled to 
^ote ftt any election in Itelford polling district as divided 
by the Act hereby amended, and the other of which shall 
Hiontain the names of the electors entitled to vote at any 
election Hn the polling district of Port Mulgrave as set off 
and established by said Act hereby amended. The paid 
list shaH be made up by the municipal clerk and signed 
hy the sherifT, and thereafter the said lists of voters so 
mdeupand signed shall be the lists of voters for said 
districts, and no persons shall bo entitled to vote at aoy 
election to be hold hereafter in either of said polling 
"districts unless his *came shall ivppcar on said list 



308^ 



49 Vic- 



CKAPTER 92; 



1886:. 



CHAPTER 92, 

An Act to provide for seUtement by Arbitrati&n of matters- 
in dispute relative to railway damagea- between the* 
MuDieipalities-of Ouysboroiigh and St. UaryV, 



(PftMdUM nth day of M»y, A. D. 1880.) 



Sicndir. 

Preamtfte^ 



1. Proportion of damms, bow Mttled. 

t. Munlclpdlty of 8t Mary'a may borrow. 

8. Amount may be sued for and recov- 
ered. 

4. Amount Included- in eaeeMinent. 

6. If municipalities cannot agree. 

6. AMnooot t<^ be settled by arbitra«ioB< 

7. Award, bewto be made, itc.- 



Snrrtoff. 
8. Award, wtien tb-bemad^ kc:- 
l^i AWkH may ioolude ooeli, 
10: Award to be a municipal charge. 
11. Action for amount awarded. 
IS. Award may be payable by inslal- 

dkents. 
IZ( Issue of debentures may be autho- 
lised^ 



^reamMe/ 



Proportion of 
dama(re8, how 
•ettleS. 



Whtrea^, the whole amount of kind damages^ appraised* 
for lands taken in the County of Guysbotough* for the 
Eastern Exteniion Railway has been advanced and paid by 
the municipality of GFuyaborough ^: 

And wfiereaa; by the judgment of the Supreme Court of 
ISTova Scotia, after argument had upon a case, submitted by 
the municipality of Uuysborough and the municipality of 
St. MaryV, it ha» been d<stermined that according, to the 
true intent and meaning of the statutes in ^at behalf the 
said land damages were properly payable by the whole- 
County of Gruysl>orough} including the municipality of St 
MaryV^ut no adec^jaate provisions^ are made by ^he said' 
, statutes for ascertaining the amount that should be* 
refunded to the municipality of Ouysborough or providing, 
for the payment of the same by the municipality of Stw 
Mary's ;- 

Be it therefore enacted* by lihe Sovernop, Council, and' 
Assembly, as follows: 

1^ The Municipal CbuncHs-of the respective districts of 
Ouysborough and St. Mary's, in the County of Ouysborough, 
may by mutuat agreement, in such manner and upon such- 
couditions as may be by them assented to, adjust, settle and 
fix the proportion of the land damages paid or payable by 
the district of Gkiysborougbv for or in respect of the Eastern 
Extension railway, which of right should be apportioned to 
and paid by the district of St. Mary's in said county, and 
upon such amount being so adjusted and fixed in writing, 
and such writing being signed by the respective wardens- 
of the said districts, and sealed with the seals of the munici- 
palities of the said districts, the said amount shall be and 



im. <3HAPTEll 98. 49 Tic. 309 

1)eco(ne a muauMpal eharge upon the munioipalitj of St. 

2. After Ihe said sani has been ^o adjuste<], fixed and'Xanfeip»Hty a 
•ettled the Municipal -Council of the district of St. Mary's bS:rrfwr^" °*^ 
is hereby authorized and empowered io borrow said sum on 
ibe oredit of -the said iimnicipality,Jind for such purpose the 
-said municipality may issue one or n«ore debenture or 
•debenhires hearing iotefest^for the purpose *0f securing the 
f^payment of the moneys so bof rowed ; siieh debenture or 
debenUires -shall be signed by the warden of the -said 
«nunicipality, and -shall *be issued •by him, and thereafter. the 
amount <lf such debenture or debentuces shall >be .and 
4)e€0B)ea^ebtcof tbe«aid munioipality. 



1>e 



3. The amount «o adjusted, settled and fixed sball ^^^^P^"^ 
and become a iiabiiity of -the said .municipality of St^rel*^* 
Kary*8 to the ^nunicipality of Guysborough, and may be 

«ued for^ind recovered as an ordinary debt, but no such 
^uit shall be instituted until a {period of six months shall 
bave dapsed from the date At which said amount shall 
iiave been so adjusted, settled and ^fized. 

4. After said amount iias been so ac^usted, settled A'^d^'^^ . 
£xed, the dietidct .of Saint Mary's may include the same Msessmeni. 
an the amount tor which the -said district of SL Mary's 

^all be assessed in the annual aasessment to be levied next 
after the eaitl amount has been so adjusted, aettled and 
fixed, and said amount -shall be assessed, levied and col- 
lected at-the same tiine, in Jthe same manner, with the like 
remedies, and by the same persons, as the regular annual 
aHsessment of the municipality ; or may in like manner 
-Apneas, levy and collect <the same in four instalments of one- 
fourth of said amount, in •each of the four yeara following 
ttid settlement 

5. If the -said munioipalities cannot agree as herein-^^*»*<>>i^nt>M 
before provided, upon any or all of the matters to be°*°°^ **^'**' 
detemiaed upon as hereinbefore provided, then and in 

-SQch case <he differences and disputes -upoa which such 
Agreeaient ^cannot be had shall be referred to the award 
And order of arbitrators to be appointed as hereinafter 
mentioned, that is to sayj The warden of the n>unicipality 
^f Guyaborough and the warden of the municipality of St. 
^}^y\ shall each of them within one month after such 
disagreement, appoint an arbitrator, who may be a rate- 
Wer in the municipality for which he is so appointed ; 
•^d ihe Gov^rnor^in-Council shall appoint a third arbi- 



3110^ 49 Via CHAPTER 92: l«8fc 

trator, who shall not^ be a resident or rate-payer in either 
of the said muniripalrties; and in case either or both of 
the said wardens shaJl' neglect or refuse te appoint sucb^ 
arbitrator within the time aforesaid, the Gbvernor-in- 
Gotincil shall appoint an arbitra4;or or arbkralors m place- 
Qf those so to have been appointed; 

Amount t» \» 6. The Said arbitrators shaM n>eet at the Coonty Court 
trlSoiL'^^ ***** HoiJ.^e in the Town of Guysborough at sueh ti«»e and place- 
as they or any two of them may by writing under their hands- 
appoint^ and shall hear and examine aH witnesses and 
evidence that may be produced on behalf ot the said 
municipalrties^and shall have the same powers la enforce- 
the attendance of witnesses as a judge of the county courts 
and etther of the said municipalities may appear by counsel 
before the said arbitrators. 

AwMd, bow to 7. The said arbitrators before entering- up^n tbefr duties- 



be Bude, 4o. 



shall be sworn before a justice of the peace for the County 
of Guysborough^ faithfully and impartiaHy to perform the 
duties of their office, and shatt proceed to settle and 
determine the said di^erenees and disputes, and to ascertain^ 
the sum, if any, that should be repaid by the mitnicipality 
of St. Mary^s to the mnnieipaMty of Gaysborough, and shalD 
make an award against the municiparity of St. Mary's for 
the amcont so ascertained, and the award of such arbitrat^)r». 
or of any two of them shall be final and conclusive, but no- 
such award shali be made or any cfiieialaet done by such- 
nia/tirity, excipt at a lueetliig held at a tvme and pkec of 
which the other arbitrator has had at least ten etear days- 
notice, or to which some meeting, at which the third 
arbitrator was^ present^ had been adjourned. 

Aw*rf, whwito 8. The award of said arbitrators shaH be madiB withia 

^ ^ three months from the date of their appointment,, and a copy 

thereof shaR be served on the mi^nieipality clerk of the- 

nu]nioi<paHty of St.. MaryX and the original filed with the- 

prothonotary of the Supreme Court at Oaysborougb. 

Award may 9. The said arbitrators shalt include in their award 

include (Kwts. ^^^j^ portion of the costs as they may deem reasonable,, 
including the fees of the said arbitrators, and of such wit- 
nesses as shall have been examined before them on the part 
of the raunieipality of Guysborough. 

Award to bt 10, The amount awarded sliall be a municipal charge- 

ohargv. upon the municipality ox St. Mary's, and shall be included 

in the amount for which the annual assessment, next after 

the filing, of the said award is made, and shall be assessed^. 



1888. CHAPTER 92. 49 Vic. 311 

levied and colleeted at the Bame time and in the same manner, 
and with all the like remedies, and by the same officers, as 
the regular annual a.sses«<ment of the municipality, and so 
soon an the amount is collected it shall be paid over to the 
treasarer of the municipality of Guyshorou^rh, or the said 
muiiicipalityjn the event of their providing the said amount 
by the issue of debentures as hereinafter mentione<j, may 
instead of assessing the amount in any one year in like 
manner assess the same in four annual instalments of 
twenty-five percent, thereof each with the accruing interest, 
to be levied, assessed, and collected in the four years next 
succeeding the date of said award. 

11. Should no such assessment be ordered by ^*^®^*2ntJwImi«i 
Municipal Council to be made as hereinbefore last provided, 

or in the event of the municipality of St. Mary's neglecting 
or refusing to pay over the amount so awarded Within six 
months after the close of the session of the Municipal 
Council at which the assessment is ordered, an action shall 
lie f jr the amount of the award against the municipality 
of St. Mary's at the suit of the municipality of Guysborough, 
but nothing herein contained shall impair or take away any 
other legal remedy for the enforcement of the said award. 

12. Should the arj;)itrator8 see fit they may provide '^^^''^J^ ^ 
their award for the payment thereof by instalments withstaimeoto. 
interest on all but the first of such instalments at not more 

than six per cent, per annum, and such instalments shall 
respectively be included in the amount for which the 
annual assessment next after the coming due thereof is 
made, and all the provisions of the two next preceding 
sectioDH shall apply to the assessment, levy, collection and 
payment of said instalments. 

13. The Municipal Council of St. Mary's may by resolu- imneot detMn- 
tion authorize the is^e of debentures for the whole or any authorfieS^ 
part of the amount for which the said award is made, 
which debentures shall bear interest not exceeding six per 
cent, per annum, and shall be issued in such form as the 
Municipal Council shall determine, and shall be signed by 
the warden of the said municipality. 



nn 



1886. 



CHAPTER 93. 



49 Vic. 



CHAPTER 93. 

An Act to enable the Manicipality of Guysborough to 
borrow money to construct a road. 

(PHsed the 11th day of May. A. D. 1886.) 



SwnoH. 

Preamble. 

1. MunicipalItT may borrow. 

2. Loan to be lien on road monies. 



Sbctioii. 
8. Work to be done under oomralMioa. 
4. Warden may Ogn debentnree forloaa. 



Preamble. 



Municipality 
may borrow. 



Whereas, the Municipal Council of the municipality of 
Guysborough having surveyed and laid out a line of road 
from the Salmon River road to the head of Isaac's Harbor, 
require means to have the same opened ; 

Be it therefore enacted by the Governor, Council, and 
Assembly, as follows : — 

1. The municipality of Guysborough, in the County of 
Guysborough, is hereby authorized to borrow on the pledge 
of the road moneys of said municipality and the security 
of this Act, a sum of money not to exceed two thousand 
dollars to open and make the aforesaid road. 

Loan to be lien 2. The sum SO borrowcd and the interest accruing 
on road momei. ^j^^reon, shall be a lien annually on the road moneys of the 
municipality, and shall be paid by annual instalments of 
two hundred dollars of the principal and the whole of the 
interest accrued thereon out of the said road moneys 
annually until the whole principal and interest is paid. 
And the treasurer of the said municipality is hereby author- 
ized and required out of the annual road and bridge moneys 
granted by the legislature to said mi^nicipality, and by him 
from time to time drawn from the provincial treasurer, to 
pay the said principal anJ interest. 



W<H-ktobedone 
under oommia- 
non. 



3. The work shall be done under the supervision of 
such person as the Municipal Council may recommend 
upon commission signed by the warden, and the work shall 
be done and the money be drawn under the provisions of 
chapter 46 of the Revised Statutes, fifth series, save that 
the receipt of the person or persons from whom the said 
money may have been borrowed, certified by the municipal 
clerk, shall be a sufficient voucher and warrant under 
section 20 of said chapter 46, for the payment of the same 
by the provincial secretary. 



« 



1886. CHAPTER 94. 49 ViC. 313 

4. The warden is hereby authorized and required to J^'^^^ben? 
sign a debenture or debentures in the^ name of the muni-turasforioim. 
cipaiity for said money so borrowed, and countersigned by 
the clerk with the seal of the municipality attached. 



CHAPTER 94. 

An Act to add a Pollincr District in the Municipality 
of Inverness. 

(PMMd the nth day of Msj, A. O. 1886.) 



SKnoif. 
1. PoHiBg District Ko. 6 divided. 
1 BoandwieeofDewdiMtriotNo. 10. 



Sbctioh. 
8. Boundaries of new district No. 5. 
4. Inconsistent law repealed. 



Be it enacted by the Qovernor, Council, and Assembly, 
as follows : — 

1. From and after the passing of this Act the polling PoUiof distriei 
district heretofore existing and known as polling district ^^' ^ ^"^^ 
No. 5, in thf" Municipality of Inverness, is hereby divided 

into two polling districts, which shall be called respectively 
polling districts numbers nineteen and five. 

2. The new polling district number nineteen hereby Boundaries of 
created, shall be bounded on the south by the main post 19.^ 

road leading from Port Hood to Margarie, and on the east, 
north and west by the limits now established. ' 

3. The new polling district number five l^ereby ^angjj«^j{»^ 
created, shall be bounded on the north by the main post 6. 

road leading from Port Hood to Margarie, being the 
southern boundary of district number nineteen as defined 
in this Act, on the west, south and east by the limits now 
established, being the boundaries now used by the high 
sheriff for the holding of elections. 

4. So much of the existing law as is inconsistent with '"52^°*^^ 
this Act is hereby repealed, and hereafter each of the" 

polling districts nineteen and five, hereby created, shall be 
entitl^ to return one councillor. 



S14 49 Vic. CHAPTERS 95—96.. 1886. 



•CHAPTER 95. 

An Act to add a Polling District in the County of 
Inverness. 

(PMMd the lUh di^ of May, A. D. 1886.) 

B^cnoN. I Srctioh. 

1. PleMftnt Bay to b« polling dlstriot & GounoUlora. 

No. 19. I 

Be it enacted b}* the Governor, Council^ and Assembly, 
as follows : — 

MeMWjtBayto 1. The Settlement in the County of Inverne*«s known 
trict*NoI*w. as Pleasant Bay and bounded on the north by the waters 
of the Gulf of Saint Lawrence, and on the south by the 
northern Vine of the Courty of Victoria, shall be a separate 
polling district, and shall ba known as polling district 
number nineteen (19). 

councuio™. 2. At and after the next municipal election each of 

said polling districts shall be entitled to elect one councillor 
to the Municipal Council. 

CHAPTER 96. 

An Act to alter the boundary lines of certain polling 
districts in the County of Inverness. 

(PM8«d the Uth day of May, A. O. 1886.) 



SacnoH. 
1. Boundary ttne betwoen No 12. and No. 
17. 



Sacnov. 
2. Lift of electors to be made out by 

Clerk. 
8. InoooHistent law repealed. 



Be it enacted by the Governor, Council, and Assembly, 
as follows : — 

Boundary line 1. From and after the passing of this Act the boundary 
andNo?i7?' ^* ^^^^ between polling district number twelve, Whycocomah, 
and that of polling district number seventeen, Glencoe, in 
the County of Inverness, shall be a line extending from 
James P. Smith's brook. Sky Glen, to Donald Nicholsdn's 
northern line bridge end, thence to cross roads, New 
Canada. 

Uet of eieoton 2. The clcrk of the Municipal Council of Inverne.ss is 
by deAT******** hereby authorized and empowered ta make up a list of 
electors in accordance with the provisions of this Act, for 
use in the municipal elections of the current year. 

inooDsisteiitiair 3. So much of the existing law as is inconsistent with 
repealed. j.|^jg ^^^ jg hereby repealed. 



188& 



CHAPTEBS 97— 9a 



4& Vic. 



31& 



CHAPTER 97. 

Ad Act ta deievmine the name of a setllemeiit in th» 
County of Inverness. 

(PMsed th« lllh di^ •IM»j, ▲. D., ISSft) 
Symoir.— 1. Settlement to be called " Psperville."^ 

Be it enacted by the Oovernor^ Council^ and As8e»b^J 
as follows : — 

1. The .settlement in the Comity of Inverness, lying **^^]S^'***?J|[* 
the rear of Ea^t Lake AinsKe, shall hereaftev b« 4:alltid and ^^^ 

known as " Piperville." 



CHAPTER 9H. 
An Act to Incorporate the Town of Kentville. 

(PsMed tlM llthdiiy of ICny, A. a 188&) 



SKTIftV. 

1. Iacorpontk>«. 

I Bounoaries. 

S. Town one ward« 

4. Govermucnt of toinu 
i. Who shall Tote. 

«. Ekctloa, «hf>D held. 

7. ('ooDcil)on, how to retire. 

8. Ftnt election, hov conducted. 
0. Notice to bd po«ted. 

10. List of elec ore. 

IL How to be furnished. 

II hropoNtl ( f candidates. 

13. If only one candidate. 

U. Opeiiiu({ and CiO«tn{( of poll. 

15. Presidinir officer refusing to serve. 

16. Ballot boxes, how provided. 

17. H ho to be present. 

1& pR>ri«ion as to ballot boxes. 

W Voting to be by hadlot 

90. Mode of procedure. 

a. Poll cletka* duty. 

& Ballot, bow rejected. 

tS. Ballot not coont«d. 

U. Return of ballot papers. 

t9- Paper and pencils. 

tt. PiesidiDg othcer, when to vote. 

S7. Presiding offioer'a report. 

5. Kot to interfere with voter, 
tt. Fraudulent voting. 

SO. I'loQiLwft ot money, ka. 

St Diaqualifleatlon of Wardeik 

S2. W bo capable of election. 

n. DiMiualtflcation. 

14. Disqualification. 
S^ Exemptions. 

86. Penalty for refusal to lerve^, 

S7. Vscation of ofBce. 

3& Vacancy, how filled. 

S^ Temporaiy abaeaoe ot Warden^ 

«. Elertiori, bow conducted. 

41. Warden, etc., to be sworn. 

42. Duties of Warden. 

43. Duties of Councillors. 

44. Committees to report 
«»• MsetiogsofCouncU. 

46. Kotioes of meetings. 

47. Who to preside. 

«. Powers ofCkranca 



Sbctiok. 

49^ Separate school seetion. 

50. Separate poor district. 

51. Power of asiies;»uient. 

52. Payment to Treasurer. 
58L Seuti-annual payments. 

54. Not subject to County Council. 

55. Dijipute(» to be arbitrated. 
60. Year, when to end 

67. Powers oC Board of Health. 

68. Appointment of officers. 
59. Town clerks duties. 

60 Appointment of Auditors. 

•1. H Ho eiitribli' ax Auditors. 

02. Acoountri, how panbed. 

68. Abstract, how pre^iared. 

64. A nnual aMses^meut. 

65. Objects to bt assessed for. 
66l Payment of poll tax. 

67. Publio meeting o( rate-payera. 

68. Exemption from taxation. 
69c Companies may be relieved. 

70. Definition of teisw. 

71. Definition of terms. 

72. Ships, etc., how assessed. 

73. Insurance Companies assessed. 

74. AKencies, how assessed. 

75 Property as^tessed at cash value* 

76. PerHonal property, how assessed: 

77. Who deemed the owner. 

78. Heal estate, how assessed. 

79l Property under control of executonk 

80. Lien for rates on pro(,erty. 

8U Appointment of town assessors. 

82. To be sworn into office. 

83. Compensation Vt mwessor. 

84. Fine for default or negleot. 
85.. Duty ol assessors. 

86. Written statement furnished. 

87. Statement not binding. 

88. Town Clerk to give notioe. 
Sd*. Objection to assessment. 

90. Appeals, how tried. 

91. Court ot appeal. 

92. May adjourn fui quorum. 
98. Powers of Court. 

94. Witnesses to be sworn. 

9^. List of complaints postecL 

96. Ust ot appiuUs. 



316 



49 Vic. 



CHAPTER 98. 



188ft. 



Swcnov. 

97. Court to detonnlne mattec 

08. Power of Court of appenl. 

99. Decision final, except, ete. 

100. Power of Chairman. 

101. Aere«8inent to %e valid. 

102. Hearing, huw granted. 
108. Hatter, how dedded. 
104. Witnewee fees. 

106. Completion of ■waiwiient rol. 

106. Ratebook. 

107. Notice8 to be issued. 

108. Ded uction for prom pt payment. 

109. M'arran' may be issued. 

110. NotSoe of distraint. 

111. Goods, when sold. 

112. Costs, a^ in sohednle. 



Rates may be suel for. 
Absentees from PMvtnee. 
Persons about to leave. 
Primal facie evidence. 
Death of party i 



113 
114. 
116. 
116. 
117. 

118. Doing business after 

119. Deceased persons taxes. 

120. Assessment not prejudiced. 

121. Failure to levy poll tax. 

122. Property vested in towa. 
128. Powers of Council. 

124. Powers of Counoll. 

126. 0|.iening aew street. 

126. Owners to be notified. 

127. Who to be arbitrators 

128. When owner not known. 

129. Mooe.- mity be paid into Comii. 

180. Compensation to arbiiraton. 

18 1 . Construction of sewers. 

182. Width of new street 

183. Street expenditure. 

184. Superintendent of streets. 

185. Street servine of tea a. 

186. Intending builders. 

187. Inftumbrancen on streeta. 

188. Lime not to be prepared, ete. 

189. PassngeH not to be obstracted. 

140. Hidewalki* obatructed. 

141. Street not to be broken up. 

142. Pervons not to be obstructed. 
148. Obstructing streets. 

144. Coasting on streets. 

146. Disorderly driving. &e. 

146. Ix>t4 to He fenced In. 

147. Movhig bidlding^. 

148. Drains and sewers. 

149. Notice before action. 

150. Appointment of flrewards. 

161. Fireward's duty. 

162. Wbo to break open bulldingB. 
168. Power of firewards. 

164. Fire and Pretection companiea. 

l.'v'k. May elect their oflleerB. 

166. Duties of firemen. 

167. Olflcers to have what powen. 

168. Fire constables. 

169. Chimney sweepers. 

160. Extraordinary expenditure. 

161. Employment of engineer. 

162. Meeting on water supply. 
168. Poetponement of meeting. 

164. Issue of debentnres. 

165. Power of entry on lands. 
166 Damages, how ascertained. 

167. Roads may be opened. 
167}. THIe to land, how aequh^d. 

168. Service pipes, how to be carried. 

169. Annual income, how appropriated, 

170. Assessment for water supply. 

171. Council may make by-laws. 

172. Kentville Municipal Court. 

178. Recorder it Stipendiary Magistrate. 

174. Clerk of Court. 

176. Jurisdiction of Court 

176. Suits brought for rates. 

077. Wilts, by whom prepared. 



Sncnov. 

178. Bxotuslve Jurisdiction. 

179. Process used by Court 

180. Particulars of action. 

181. Action, how oommenoed. 

182. Concurrent writs. 

IBS. Action against several defendants. 

184. Court, when to hit 

186. Matters of defence. 

186. Judgments, tiow signed. 

187. Money paid into Court 

188. Money to be dednotwl. 

189. Judgments to near interest 

190. Not to be quashed, etc. 

191. Execution, how levied. 

192. Where defendant is concealed. 
198 Execution as in Schedule. 

194. Defendant, when let in. 

195. List of caases for trial. 

196. Continuance, bow granted. 

197. Court may adjourn. 

198. Causes, how tried. 

199. Parties may appear in person. 

200. Executors, etc., niay sue. 

201. Wher« Court has no jurisdicUoB. 

202. Deposition, how takeu. 
'206. Capias, how issued. 

204. Arrest of defendant 

205. Discharge of defendant 

206. Subsequent proceedings. 

207. Money paid into Court 

208. Par^ succeeding entitled to costs. 
*»9. Power of amendment 

210. Power to issue subpa»nas. 

211. Oath, by whom aduiinistered. 

212. Afldavit before whom sworn, 
218. Recorder to make rules. 

214. Appeal, how granted. 

216. Snretiesmay render. 

216. Paper«, to whom sent 

217. Proceedings on appeals. 

218. Witness in custody. 

219. Duty of constable. 

2i0. Policemen to serve proeess. 

221. Execution, when returnable. 

222. Forf^ iturv for aeglectt 
228. Court not liable to action. 
224. Insolvent debtor's relief . 

226. CosU, etc., in Municipal Couit. 

226. Appointment of special constables^ 

227. Under whose control. 

228. To be sworn in. 

229. Appointed, for What period. 
290. Disftrder at public meeting. 
281. Penalty for refusing to act 
232. Extra oonsta'jlea. 

288. Shall be swoni in. 
234. May be compensated. 
236 Shall assist policemen. 
236. Shall serve process. 

287. Penalty for non-attendance. 

238. Duties of extra oonaUbles. 

289. Police ofiloe. 

240. Stipendiary Magistrate's duty. 

241. Clerk of police office. ' 

242. Police oflce record. 

243. Duties of Stipendiary MsgistrsAa. 

244. Fines, forfeitures, f«es, etc. 
246. What unnecessary to coariot 

246. Costs may be ordered. 

247. Levy or imprisonment. 

248. Discharge under recognittnoa. 

249. Fees in police court 

260. Town to have common seat 

251. Deeds, how authenticated. 

262. Fee for affixing seal. 
258. By-laws and ordlnaneet. 

254. Bylaws laid before Ugislaturt. 

265. Violation of by-law. 

2-16. Act, when to come in foroa. 

267. Expense of holding polL 

263. Act not to lapse, ato. 
SohedulM. 



1886. CHAPTER 09. 49 Tie. 317 

Be it enacted by the Governor, Council, and Assembly, 
M follows : — 

1. The inhabitants of the town of Kentville, within i««>rpDruioo. 
the limits hereinafter defined, are hereby constituted and 
declared to be a body corporate and politic, by the naiiK) of 
the town of Kentville. 

I The town of Kentville shall be bounded as follows, BouiKi«rit», 
that is to say r — Commencing at the Cornwallis river at the 
north-west corner of lands owned by John Harrinflrton, 
thence by John Harrington s west line to the south-west 
corner of his lands, thence easterly in a direct line to south* 
west corner of lands owned and occupied by John Kearney, 
thence easterly by Kearney's south line and continuing in 
same line until it strikes the west side of Elderkin brook, 
thence northerly by west side of said brook to the Corn- 
wallis river, thence crossing the Cornwaltiis river and in a 
northerly direction by east line of lands belonging to the 
estate of the late George W. Borden to the south side of 
Belcher street, thence westerly by said road until opposite 
William Grierson's east line, thence northerly by said line 
to north line of lands owned by F. W. Chipman (bought 
from Charles Qesner), thence westerly by Chipman's north 
line to west side of Campbell road, thence northerly by 
said road to north-east corner of Ruf us Barnaby's lands, 
thence westerly by said Barnaby's north line to the north- 
west corner of his lands, thence westerly in a direct line 
across lands of F. W. Chipman and others, until it strikes 
Benjamin Hafuse s north line, and by Rafuse's north line 
until a point opposite and in line with the west fence of the 
e&hibition ground is reached, thence to the north-west 
comer of exhibition grounds and by west fence of exhibition 
grounds to Mrs Mullowney's west line to the Dyke road, so 
called, thence westerly by said dyke road to an elm tree near 
Ward barn, thence westerly until it strikes the nearest 
bend in the Cornwallis river, thence by south side of said 
river to the place of beginning. 

3. For the purposes of this Act the town of Kentville Town one w«d, 
shall be one ward. 

4. The town of Kentville hereby incorporated shall be S^^n.™™*** ^ 
governed by a warden and a body of six councillors, and no 

person shall be elected or eligible to serve as warden or 
councillor who shall not have been resident in said town 
for the period of three years next previous to election, or is 
not at the time of bis election a British subject of the full 
*ge of twenty-one years. 



318 49 Via CHAPTER 98. ISOT. 

^inio BhAU vote. 5. All male rewdents of the town who Rhall be qualified 
to vote for nii*inliers of the Provincial Awiemhly, and who 
shail havt* pard all rates tmd taxes of all kinds due and 
paj*al)fe to the town whether for the current or any previous 
year, shall be -entitled and \jualified to vote *t any such 
election for warden or councillor. 

eiecuon, when 6. An election shall be held in said town on the first 
Tuesday of February in f ach and every year, at which a 
warden shall be elected^ who shall hold office for one year> 
end as many councillors as shall be necessary to fill 
vacancies created by the retirement^ resignation) or death 
ol members of th'e<K>uncil. 

^^a^no»,hdw 7. At the ctese of the first year in said town the three 
councillors who shall have received the smallest number of 
vot'cst at the first elwition shall I'etit^, and in the event of 
two or more councillors having received an equal numt»er 
of votes the warden shall draw lots to determine which 
three councillors shall retire. In succeeding years the three 
senior councillors shall retire, but any councillor retiring 
shall be eligible for re-election. 

S? *^Sductea ^* '^^^ ^^^^ election shall be conducted by the sheriff 

*of the County of Kings, who shall appoint a presiding 

ofRcer and poll clerk. Succeeding elections shall be con* 

ducted by a piesidinj:^ officer and poll clerk, who shall be 

appointed by the town council. 

iTotioctobe 9. Notice of the time and place of holding the election 

**** ' shall be posted up by th« returning officer or the town 

council, as the case may be^ in seven of the most public 

places of the town for ten days next previous to the holding 

of such ekcttonv 

liBt of electors. 10. The town council shall, not later than fiv« days 
previous to the holdinsf of every election, prepare and 
supply to the presiding otKcer a list) alphahettcally arran<xed» 
of the persons qualified t<j vote at such election, and every 
pernon whose name-appears upon such list shall be entitled 
and qualified to vote, notwithstanding any error in the 
preparation of such list, or the placing of such name there- 
upon, provided that nothing herein contained shall prevent 
any qualified voter whose name is omitted from said list 
from voting at such election, and in such case the production 
by such voter of a certificate from the town clerk showing 
that all rates and taxes payable by such rate'- payer to the 
town have been paid, and taking the oath in Schedule C, 
of this Act contained, shall conclusively determine the 
"qualification of such elector to vote at such election. 



188R CHAPTER 98. 49 Via 319 

11. At the first election the list of qualified electors hw to be fur* 
shall be prepared and furnished to the presiding ofiicer, in " 

every renpect as in the last precedinci^ section prescribed, by 
the sherifi of the County of Kin^^, and all the provisions in 
the last preceding section contained as to voters omitted 
from such list shall apply to such election, except that no 
certificate need be produced. 

12. Every candidate for the office of warden shall be Fropo«i of oan- 
prop^wed in writing by two rate-payers, and every candi- *^*'*** 

date for the office of councillor shall be proposed in writing 
by two rate-payers, and such nomination paper shall be 
handed in to the returning officer or town clerk, as the ca«e 
may be, at least three day previous to the holding of the 
election, and the returning officer or town clerk, as the case 
niay be, shall before opening of the poll, post up the names 
of candidates to be voted for in one conspicuous place out- 
side and one inside of the building in which such election 
shall be held. 

13. In case only one candidate shall be nominated for tf only one can* 
warden, or in case only so many candidates for the office * ***' 

of councillor shal! be nominated as there are councillors to 
be elected, such candidate or candi<lates shall be declared 
duly elected, by the town clerk or returning officer, without 
a poll being held, and such declaration shall be publicly 
made at the hour of nine o'clock in the forenoon of the day 
on which the election is to be held. 

14. When a poll is to be taken it shall be opened at Opening and 
nine o'clock in the forenoon and shall be closed at four^^"*^** ^ 
o'clock in the afternoon, but the presiding officer may close 

the poll one hour after a proclf^mation to that effect if no 
vote is polled within said hour, and provided further that 
notice has been posted to that effect inside and outride of 
the building in a conspicuous place immediately upon the 
proclamation being made* 

15. In the event of any presiding officer or poll clerk f7«^?»"? o"**' 

«. 1 ^' j» • . 11 1 111 ^efusingto■e^v•l 

neglecUng or refusing to serve as such, the warden snail 
appoint a sutatitute, and such presiding officer or poll clerk 
neglecting or refusing as aforesaid, shall be liable to a 
penalty of not less than twenty nor more than forty dollars. 

16. It shall be the duty of the returning officer or theB*iiotboxǤ, 
town council, as the case may be, to provide and furnish ^q '^^'^ p™^*** 
the presiding officer two ballot l>oxes, one for the reception 

of ballots for candidates for the office of warden, and one for 
the reception of ballots for candidates for the office of 
councillor. 



320 49 Vic. CHAPTER 98. 1886« 

Who to be pM- 17. During the holding of the poll no person shall be 
eultitled or permitted to be present in the polling place 
other than the officers appointed to hold the election, the 
candidates to be voted for in such polling place or their 
agents duly authorized in writing to be present not exceed- 
ing one agent for each candidate, and any elector for the 
time being actually engaged in voting, provided that it 
shall be lawful for the presiding officer to have present or 
to summons to his aid any constable or police officer for 
the purpose of maintaining order or preserving the public 
peace, and the presiding officer shall have power to order 
the removal of any person from the polling place who shall 
not be entitled to be present, or who being so entitle(3 shall 
obstruct the voting, and such order shall be executed by 
any constable or police officer without the same Ueing in 
writing or by warrant. 

Provision M to 18. The presiding officer immediately before the open- 
^^ ing of the poll shall show the ballot box to the candidatefs 
or their agents, or to any such persons as may be present 
within the polling place, so that they may see that the same 
is empty, and shall immediately thereupon lock the ballot 
box, place it in view for the reception of ballot papers, and 
keep it locked until the close of the poll. 

Voting to be by 10. The votes shall be given by ballot. The ballot 
^^' shall be a paper ticket which shall contain in writing or 

printing, or partly written and partly printed, the name of 
the candidate or candidates for whom the elector intends 
to vote, dusignating on the back the office which the 
person named in the ballot is intended to fill, which 
designation shall be so made as to be apparent to the 
presiding officer when the paper is folded. Each voter 
shall deliver his ballot folded up to the presiding officer 
who shall ascertain that the same is single without reading 
the name of the candidate thereon written, and shaU 
deposit the ballots for warden and those for councillor in 
separate boxes without delay. 

Kode of prooe- 20. Immediately upon an elector presenting himself 
"**' to vote the presiding officer shall search for the name of 

such elector upon the list, and if the same is found shall at 
once receive the vote of the elector. If the name is not 
found the presiding officer shall so inform the elector, and 
such elector shall be permitted to leave the polling place if 
necessary for the furpose of procuring the required certi- 
ficate if any, and to return for the purpose of voting, but 
in no other case shall an elector who leaves the polling 
place after presenting himself to vote be permitted to 



;> 



l«86i CHAPTER 98, 49 Via S21 

reiarn. If any name be inserted in said list of an elector 
whose taxes have not been paid as required, such elector 
shall not be entitled to vote notwithstanding his name 
I appears on said list. 

21. The name of each elector voting at such election ivtiioieiwduty. 
shall be written in a poll list to be kept at such election by 

the poll clerk, and immediately after the close of the poll 
all votes given shall be sorted and counted by the presiding 
officer, who shall publicly declare the candidate or can- 
didates for the office of councillor having the highest number 
of votes to be duly elected, and shall also publicly declare 
the number of votes given for each and every of the 
candidates for the office of warden and councillor voted for, 
vj which shall be recorded by the poll clerk. 

22. No ballot shall be rejected simply because theg^ ^^ •*• 
same has been inadvertently placed in the wrong box, but 
the ballot so misplaced shall be counted in the groups to 
which it properly belongs; and if at any stage of the 
eounting it shall appear that the number of ballots deposited 
i^xceeds the number of persons who have voted, the ballots 
shall be returned to the box and well mingled, and the 
presiding officer shall draw out publicly as many of them, 
ivithout looking at them, as shall equal the excess, and shall 
at once destroy them, and proceed with the counting as 
hereinbefore directed. 

2.3. Every ballot having more names than there are Baiiotnotoount- 
eandidates to be elected, and every ballot having upon it^' 
any mark appearing to be designedly put thereupon for 
the purpose of enabling the same to be identified as the 
ballot of a particular vote, shall be placed in a separate 
envelope, and no such ballot shall be counted by the pre* 
aiding officer. 

24. The ballot papers found in the boxes by the Jjj^™"*' **"^ 
presiding officers shall be returned to the town clerk, and 
shall be by him preserved for the period of ten days after 
the election, and from thence until thn termination of any 
legal proceedings instituted to test the validity of the 
election, and no election «}hall be challenged or questioned 
in any court of justice unless proceedings to test the same 
«r6 instituted within ten days after the declaration. 

25. The presiding officer shall at the expense of the ^p*' *»<* p**** 
town, provide paper and pencils for the use of voters, and 
have the same at the place where the election- is held. 
21 



49 Via CHAPTER 98. . I«8«r 

Preddingoffloer, 26. The presiding officer shall not vote for a candidate 
^ ** ** for the office of councillor, except in the event of there 
being an equality of votes between two or more candidates 
having the lowest number of votes necessary to secure aD 
election, in which case the presiding officer shall give a vote 
for one or more of the candidates having an equal number 
of votes. Provided that this provision shall not apply 
except in the case of such an equality of votes as would 
otherwise prevent the result of the election from being' 
determined, and he shall declare the result of the election 
as produced by bis casting vote. 

2?!f^w' J?" ^^' '^^^ presiding officer shall at once report to the 

** • "P*^ returning officer or town clerk the result of tbe election for 
councillors, and shall likewise forthwith report to the 
returning officer or town clerk, the number of votes given 
for each candidate for tbe office of warden, and the return- 
ing officer in presence of such persons as shall be present 
at the time and place, of which public notice shall be given 
by posters posted in conspicuous places throughout the 
town, or the town clerk in presence of the cooneil at such 
time as the council shall appoint, shall declare the candi-* 
date having the greatest number of votes to be warden of 
the town for the ensuing year. In the event of there 
being an equality of votes between the two or more candi* 
dates having the highest number of votes for tbe warden, 
unless himself one of such candidates, the returning officer 
shall, by his casting vote, decide which of such candidates 
shall be warden. In the event of the warden being one of 
such candidates, the town council shall by vote decide which 
of such candidates shall be warden, 

lioi to interfer* 28. No returning officer, presiding officer, poll clerk, 
'***'^^'^''- candidate or agent of a candidate present within the room 
where an election is being held shall give to any elector a 
ballot to vote with, or offer or give him any aJvice as to 
the person for whom he should vote, or otherwise interfere 
with the voter in the exercise of his franchise, and any 
person violating the provisions of this section shall forfeit 
for every such offence a sum not exceeding twenty dollars, 
and upon non-payment thereof shall be imprisoned in the 
county jail for a period not exceeding thirty da} s, provided 
that thQ presiding officer may prepare a ballot and fill up 
the same for any voter who shall make oath that be is 
unable to fill up his ballot paper without assistance, which 
oath shall be administered by the presiding officer in the 
form in Schedule D. 



188R . taiAPTER ^. 49 Via 32S 

29. Any person knowingly and wilfuUy moling at any rr»nduie«t vo*. 
deetion held under this Act not being entitled to vote, or ^' 

any person fraudulently ienderang «Qore ihaii one ballot 
when votings any person fraudulently offering w tendering 
« forged certificate or receipt for taxes to any presiding 
t)fficera't any such ejection, or fratidnlentlyoflering to such 
presiding officer a taK certificate or receipt K)Cher than his 
t>wn for the purpose of being permitted to vote at such 
ieleetion, and any person alfering -or attemptdng to vote 
binder the sasBoted name of any other elector, shaU for each 
sach oSefice forfeit a sum not exceeding fifty doMars, and 
upon non-payiaeBt thereo^^aU be imprisoned in the county 
Jail for a period not exceeding six months, provided that no 
8uch penalty nor imprisonment nor the conviction for any 
such offence «l)a(i operate as « bar te any other penalty, 
pr«;ecution or crioHnal proceeding whatever to which such 
person so offending would otherwise and but for «this Act 
he liable. 

30. Any person who shall ^vanoe or pay, or canse ^onxwtci 
4.0 be advanced or paid, or give or lend, or agree to give or 

*offer, or promise, any money or valuable considei-ation to or 
lor any voteK, or to or €or any person on behalf of any 
voter, in order to induce any voter^to vote ^r to refrain from 
voting, or who shall corrnptly do any such acts as aforesaid 
00 acceunt^f such voter having voted or having refrained 
from v(M;ing at any election of warden and councillor, shall 
for every such offence forfeit a mim not iess than ten nor 
more than^fty dollars, and in default of ipayment shall be 
imprisoned in the county jail fol* »a period not Jess than 
twenty nor iiK>re -than sixty days. 

3L Any warden ^or-coancillor who shaB be decreed ^'^Jf^'^J^J^ 
adjudicated a bankrupt or insolvent, under any Act of the 
Parliament of -Canada relating to insolvency, or who -shall 
compound with his "creditors by a ^general deed of composi* 
tion, or shall make a general assignment of his property 
for the benefit of his creditors, or shi41 be taken in execu- 
tion for debt, or shall be*con\nctedof felony or misdemeanor, 
$hall become disqualified, and his ofiice shall become vacant, 
and the council shall by Tesolutioa declare -such otiice to be 
vacant 

^2. Ko person shall "be elected a warden or councillor who c«i»bk of 
who has been decreed or adjudidated a tuenkrupt or inaol vent*^*^*^"' 
by virtue of proctediogs taken under any Act of the 
Parliament 'of <>anada relating to insolvency, unless before 
such election he shall have procured a discharge from his 



82* 1886: CHAPTER 98, 4? Vic 

ereditors m the eonrt hfiving cognizance of tnjiolvent 
nattere or causes, nor shall any person be capable of being- 
elected a warden or councillor who has at anj time beeo 
convicted of fek>n7r 

^iiqa^iioatfoB. 33, NoHC of the foUowing persona shaN be elected a 
warden or coancillor, or be appointed to office by the 
counciK nor shall any person contintie to act as warden or 
councillor, or ho)d any office under the council after 
beconing one of the persons disqualified as follows : 

a — Persons in Holy Orders, or Ministers or Fk^acher* 
of any religious seel or denomination, 

6— The Sheriff: 

e — Any person directly or indirectly by himself or faia 
partner having a contractor share or interest in a 
contract with, by or on behalf of the council, pro- 
vided that no person shall be disqualified nor be 
deemed to have any share or interest in such 
contract or employment by reason only of his having 
any share or interest in any lease^ sale or purchase 
of land, or any agreement for the same, nor by 
reason only of any agreement for the loan of Bioney 
or any security for the payn>ent of money, 

MqiMfiioBtioit. 34. No person shall be elected a warden or councillor 
who holdi) any office under the town council to which a 
salary payable out of the funds of the town is affixed, and 
if any such person be nominated for the oflBce of warden or 
councillor his nomination shall be void, unless before the 
expiration of the time for making such nomination he 
resigns such office so held by him. Any warden or coun- 
cillor who shall accept any office under any town council 
shall thereby vacate his seat as such warden or councillor, 
and his place shall be supplied in the same manner as if he 
had resigned his seat 

BxMDptions, 35. The following persons shall be exempt from being 

elected as warden or councillor, or serving in any office 
under the town council unloss with their own consent : 

a — Justices of the Supreme and County Courts, and 
Judges of Probate. 

Ih— Senators and members of the House of Commons, 
members of the Executive or Legislative Councils, 
members of the Legislative^Assembly, SchooU 
masters actually engaged in teaching, and persona 
more than sixty years of age. 



1888. CHAPTER 9«. 49 Via «25 

36. Any person who shall he eieeted as warden or y^ *y ^^^ 
«oiincUIor and shaM refase to eerve in such office shall 

forfeit the svm of forty doHars to tlie use of the town, 
which ftiNB may he cdlected as a private ueht i% the 
Manieipal eourt ai the ^vit of the town as plaintiff, pro- 
vided that 410 person who has served as warden or<eouncillor 
for one teria not less th«n three years previously to the 
election shaAi ^ye liable to such penaUy , and f i>H^er, that any 
councillor may resign his office at any time after the period 
of one year from the titne of his election by givinor written 
notice to that effect to the warden, whereupon the office 
shall be ^leelared vacant by the council. 

37. Any warden -or covnciU^r who shaU without 1««^ve J|^^" ^ 
of the council absent hicnself from meetings of the council 

for diz successive months, shaH thereby vacate his office as 
such warden or •councillor, and the said office shaH be 
dfclared vacant by the council, and such warden or coun- 
cillor ehall forfeit the sum ef forty dollars to the use<»f the 
town, to be collected as a private debt in the Municipal 
court 'of the to wiL 

38. In the event of a vacaney oecurring in the office of l^^^* V^ 
'Warden or eounoillor, the council shall forthwith by resolu- 
tion appoint a tinae not less thaii fifteen days after the 

psMsifig of such nesolution for holding an election to supply 
the vacancy, provided however, that should such vacancy 
occur in l4ie offce of councillor within three months irom 
ihe end <if ihe year, tlie-cofincil n»ay in tfaeir discretion leave 
the vacancy vnMipplied .until the next annual election. 

39L Durimr the temporary absence of ibe warden from Tempwmry av- 
the town, the council may from tiine to time tn their dis-den. 
cretion appoint one of their number to discharge the duties 
of warden, who shall be called the presiding councillor, and 
who shall have in the absence of the warden all the powers 
and authority^ and shall eKcrcise M the f unotions and dis- 
charge all the duties of ^the office of warden. 

40. The election to fill any vacancy in t!he office of^^^^^^ 
warden or councillor shall be conducted^ as to nominations, 

tallct papers, ofiicers, and in every other respect, in the 
same manner «s ihe regular annual elections. 

41. The warden and councillors shall before enterinir J*'?*"*^' *• 

11. m \ • iw '11 «•« sworn. 

upon toe duties of their once respectiCely be sworn by 
taking and subscmbing the oath of allegiance and oath of 
office, which oath shall be admioistered to the warden elect 
byaJxi4geQf the Supreme X!Joart or. County Courts tba 



I 

I S2ft 40 Via CHAPTER 9& 18861 

Stipendiary Magistrate of tbe town for the- time t)ein«f, or 
any two jusiiees »f the peace. The councillors shall be* 
sworn by the warden, the Stipendidry Magistrate of the- 
town, or aoy two jiustiees of the peace,, and a* certificate of 
such oaihs having been taken- shaH be enibered by tbe town 
clerk in the minute book of proceedings of the h)wn counciL 
The path of office shall be in the (e^m. in schedule BL tethis^ 
Act. 

Dntieieiwar- 42; The wardeii sfialt Ito the head* of the couneil and 
^^ the chief exeeutLve officer of the town,. and i^ sliall be hi» 

duty to be Yigilant and activeat aU tinnes^kvcavsing the law 
for the government of the town to be duly executed and 
pnt i» force, to ini^pect the eond'Nct of aM subordinate 
officers m the government thereof, and as far as may be in^ 
his power to eause all negligence,, carelessness and' positive 
violation of doty to V>e ^W prosecuted and pmiished, and 
to coiumt|nieate from^timeto time to the eouneil' aM suctv 
information, and reconunend alb such measures as may tend 
to the improvement of the finances, t^he poliee, health,, 
security, cleanliness,, comfort and appearance of the town^. 

ihiWesofCoun. 4^ It shall be the duty of thecowicil/ to assist the 
"" warden in the discharge of his duties, and t^ appoint one 

or more of its members to be » committee for the foNowin^ 
purpeses^respecti^vely, and suctvotber comnHttees as may by 
the counei4 be deemed necessary for the due adHiinitstratioi^ 
of the af&irs of the t«wn :• — 

Committee for sopevvisioo of PuUie Ac«oiMits,.Finances. 
and Tenders. 

Committee for sapervisioB.of Schools.. 

fi It M- If PubliepF<^rtj,voadsand 

streets. 

Committee for svpervisien ef Lieenses^ 
If II' It tt- Poliee. 

It- H- n n Poor 

If If If. H Water Werks^ 

coimnittMsta i^. The vamotis oommittees shall repovt at eack 
wport. regular quarterly meeting of the council any special cir- 

ourastanoes in their opinion ve()«iriing to be repevted ii> 
respect to the services under their eharge,aBd nhail further 
report to the council in reference to any subject coming 
within their supervision whenever req»ired by vote of the 
council sj to do, and speeial committees may be appointed 
for any particular purpose, matter or thing by vote of the 
council, which committees ^shall report to the council' iiv 
writing upon tbe matters so committed to- them.. Th&- 



18M. CHAPTEB' 91 49 Vic. 387 

reports of all committees wheci unanimous shail be signed 
bj the chairman, otherwise by such members of the com- 
mittee as may concur in the report, and the minority or 
any di-ssenting member of a committee may present a 
separate report in writing. 



Qt 



io. There shall be held every year four ^"^''^e^'ly J^^JIf" 
meetings of <x)uncil, on the first Tuesday of March, June» 
September and December, and special meeting may be 
called by the warden as often as he may deem the same 
to be neceasary, and whenever requested to do so by three 
members of the council in writinjr, the warden shall call a 
meeting of the council within three days thereafter^ and in 
the event of his refusal or neglect to do so the three mem- 
bers so requesting a meeting to be called, may appoint a 
time and place for holding such meeting, and notify the 
other members of the council thereof^ and the meeting so 
called shall have the same powers and authority as if the 
same had been summoned by the warden as requested. 

4€. Written notice shall be given by the town clerk^ ^<>**®«» o* 
except in the case last mentioned^ to every member of the 
council of all meetings, re^Hilar or special, two days previous 
to soch meetings, provided that emergency meetings may 
be called by the warden at shorter notice when necessary, 
but no business shaU be transacted at such emergency 
meetings other than such as is indicated in ^he notices 
calling such meetings, unless by and with the consent of 
the warden. 

47. The warden or presiding councillor shall preside wko to pr«id«. 
At all meetings of the cmincil, and in their absence the 

council shall elect a chairuian from their number who shall 
preside, and two-thirds of the membei-s shall constitute a 
quortim at all meetingi of the town council. 

48. The town council shall exclusively have^ possess, Jj^^wo' •oun- 
enjoy and exercise within the town, all jurisdiction, power 

And authority^ which but for the incorf)oration of such 
town would be exercised therein, or over^or in respect 
thereto by the county council, the town meeting, the school 
meeting, the grand ju«*y, the trustees of schools, supervisors 
of public grounds, overseers of poor and commissioners of 
streets, and all lots pieces and parcels of land, and all 
buildings Ami erections thereon, which at any time were 
granted or conveyed, or were originally laid out or allotted 
to the town, or to any person or persons, or corporation in 
trust, for the town or for the inhabitants thereof, or for 
ADj public Jise in said town, or which have been or are in 



328 



49 Vic. 



CH5tPTER 9& 



1886. 



any way held in trust for the town or for any public use 
in Haid town, and all lots, pieces, and parcels of land, lying 
within the limits of the town, which at any time heretofore 
have been granted, conveyed, demised or leased, or which 
were originally allotted or laid out to the town, or to any 
person or persons, or corporation in trust for said town, 
or for the inhabitants thereof, or for any public use 
or purpose in said town, and any property heretofore 
declared by Act of the Legislature to be the property of 
the town, or under the control of the town council, shall 
become and be the public property of said town, and shall 
be under the exclusive control 'and management of the 
town council thereof, provided that nothing herein con- 
tained shall have the effect of vesting in said town any 
property heretofore vested in the county of Kings or 
townships of Cornwallis and Horton, and used for purposes 
appertaining to the whole county of Kings or townships 
of Cornwallis and Horton. 



Separate! 
dblrict. 



Power of I 



sepamte Mhooi 49. Such town shall be a separate school section, and 
the control and management of the public schools of 
such town shall be vested in the council and its committee 
appointed for that purpose. 

50. Such town shall be a separate poor district, and 
shall be We^Ae to pay for the support of all the poor who 
have gained or may gain a settlement in the town, and 
shall also be liable to pay its just proportion of the amount 
required for the support of the poor who were at the date 
of the incorporation chargeable to the township or poor 
district of which such town formed a part. 

51. The council shall exclusively have power to vote, 
assess, collect, receive, appropriate and pay all sums of 
money requited by the town for the following purposes : 
the support and maintenance of the poor and of insane 
paupers having a settlement in the town, the erection and 
repair of public school houses and the support of the 

ubiic schools of the town, the laying out, opening, 
uilding, making, repairing, lighting and cleaning of the 
streets, roads and bridges of the town, the Gon.struction, 
repairing, lighting and cleaning of the puMic sewers and 
drains of the town, the payment of salaries and compensa- 
tion to the officers and servants of the town, the equipment 
and maintenance of a fire department, and the purchase, 
equipment, maintenance and repair of machinery and 
implements for the extinquishing of fires, the maintenance 
of the municipal court of the town, the establish men t» 



bi 



1886. CHAPTER 9a 49 Via 329 

equiproent and maintenance of a police office and an 
efficient police force for the town, the payment of interest 
on money borrowed for the purpose of the town, the 
payment to the municipality within which the town is 
situate of the town's proportion of the costs of the services 
hereinafter mentioned borne jointly by the town and the 
mnnicipality, and all other expenses incurred in the due 
execution of the several powers and trusts vested by law 
in the town, its warden, council and officers. 

52. The town hereby incorporated shall annually pay^^*"* ^ 
to the treasurer of the municipality within which the same 

is situate, on the first day of August, an annual sum in lieu 
of all county rates and assessments hitherto levied or paid, 
which 8uni as nearly as may be shall be equivalent to the 
benefit derived byihetown from the public services sup- 
ported by the revenues of the county. Such sum shall be 
composed of the following items, that is to sa}% a pi*o rata 
proportion of the amount paid by the county on account of 
the administration of criminal justice, an amount equal to 
the cost of maintaining in the county jail all prisoners 
committed to jail by sentence of the Stipendiary Magistrate 
of the town, or committed to jail under process out of the 
municipal court, an amount equal to the cost of maintaining 
all paupers chargeable to the town, who shall be maintained 
in any poorhouse or like institution supported by the 
funds of the county, and its proportion of county school 
rates, under provisions of chapter 29, Revised Statutes. 

53. The municipality of King's County shall pay semi- semi^mnuai 
annually to the treasurer of the town hereby incorporated ^^°**° 

its just proportion of the municipal county school fund 
under the provisions of chapter 29, Revised Statutes ; and 
shall also pay to the said treasurer its just proportion of 
the road and bridge money granted by the Legislature to 
the 8aid municipality, and the said just proportion of said 
grants 80 to be paid shall be laid out and expended within 
the limits of the town hereby incorporated by the town 
council in accordance with the provisions of chapter 46, 
Revised Statutes; and for this purpose the committee on 
public property, roads and streets shall be supervisors or 
commissioners as provided in said chapter. 

•H. Such incorporated town shall not be in any way Not tubject to 
whject to the jurisdiction of the county council, noV ghall ^""*^ ^""^^ 
the inhabitants of such town be assessed for county rates 
of any kind whatsoever, except as hereinbefore provided. 

^5. In the event of a dispute between the town and Dispute* to b^ 
the county with respect to the sum so payable as aforesaid*'^*'*****' 



330 49 Vic. CHAPTER 98. ISHtt 

by the town for its proportion of services borne jointly by 
the town and the county, or with respect to the sums 
payable by the county to the town on account of the 
municipal school fund or the provincial road and bridge 
grant, such dispute shall be referred to the award of 
arbitrators, of whom one shall be appointed by the town 
council, one by the county council, and a third arbitrator 
to be appointed V>y any Judge of the Supreme Conn, and 
in the event of either or any council neglecting or refusing 
to appoint an arbitrator after ten days' notice in writing, 
requiring such council to make such appointment, any 
Judge of the Supreme Court shall appoint an arbitrator on 
behalf of the council so neglecting or refusing, and the 
award of any two of such arbitrators shall be final and 
binding. 

•5.''****"*** 56. The municipal financial year shall end on the 

thirty-first day of December, and all accounts of the 
moneys received and disbursed by the town for the year 
shall then be made up by the town clerk, and submitted to 
the auditors not later than one week after the end of the 
year. 

PowenofBoani 57. Thc towu council shall have all the powers and 
of Health. excrcisc all the functions and discharge all the duties con- 
ferred upon or appertaining to boards of health by chapter 
27 of the Revised Statutes, or by any Act of the provincial 
legislature hereafter to be paased, and also all powers and 
duties conferred upon or appertaining to the county council 
under chapter 27 of the Revised Statutes, '' Of Nuisances." 

^jpointment of 58. The council shall at their first meeting after the 
annual election, and at such other time and times as they 
shall deem expedient, appoint such and so many of the 
following officers as they shall deem necessary, who shall 
hold office during pleasure, and may be dismissed at any 
time by resolution of the council, that is to say : a town 
clerk and treasurer, health wardens and health inspectors, 
superintendent of streets, commons and public property, 
fire wards, fire constables, firemen, policemen, constables, 
clerks of markets, measurers and weighers, surveyors and 
inspectors of lumber and woo<l, revisors of electoral lists 
within the town, fence viewers, and all such officers as 
shall or may under the general provisions of this Act be 
neccHsary for the carrying out of the purposes of this Act, 
and any officer so appointed who shall without reasonable 
cause therefor refuse to enter upon the duties of his office, 
or shall be guilty of any neglect of duty or violation of duty 



188& CHAPTER 08. 49 Via S3X 

therein, shall forfeit a sum not exceeding ten dollars, or in 
default of payment shall be imprisoned for a term not 
exceeding twenty days, and a failure to attend and be sworn 
into office at the time named by the council by resolution 
or by 'law, after service of notice so to do, shall be deemed 
a refusal to enter upon the duties of his office. 

59. The town clerk shall until the council shall declare Town clerk-* 
otherwise b}' some by-law to be parsed by them therefor " ^ 
perform the duties appertaining to the offices of treasurer, 

elerk of overseers of poor, collector of schools, poor, water, 
eonnty and other rate) and avssessments; clerk of police and 
Municipal Courts, and all other duties that may^be from 
time to time required of him by the council, and he may 
with the concurrence of the council appoint a deputy to 
perform any or all of the said duties, for whose acts he 
shall be responsible. 

60. The council shall annually appoint two auditors on Amjointmeni ot 
or before the 30th day of December, who shall examine and ^ 

report upon all accounts affecting the town or relating to 
any matter under its control or within its jurisdiction for 
the year in which they are appointed, and shall prepare 
an abstract of the receipts, expenditures and liabilities of 
the town, and also a detailed statement of such particulars 
in Ruch form as the council shall direct, and shall report in 
daplicste on all accounts audited by them, and shall file 
«uch reports in the office of the town clerk at least two 
weeks before the date fixed for the annual election, and 
thereafter one cop}* shall be open to the inspection of any 
rate-payer during office hours, and he may by himself or 
his agent, at his own expense take a copy thereof or 
extract therefrom. 

61. No person who at any time during the year in who citable m 
which such auditors are appointed is or has been a mem- »"****°'*' 

her of the council or a contractor with, or ofiScer appointed 
hy the council (other than an auditoi) shall be eligible to 
the appointment as such auditor. 

62. The council shall, upon the report of the auditors, Aoooanta, hov 
finally pass and allow the accounts of the town clerk and p*"****- 
treasurer if the same are found to be correct to the satis- 
faction of the council. 

63. The town clerk shall print and publish the auditors' ^^Jjjjjj^ ***** 
*Wractand shall publish the detailed statement, in such ^'*^*'**^ 
funn as the council shall direct. 



832 49 Via CHAPTER 98. 188(1 

Annual aaacM- 64. The council shall annually assess on the inhabi- 
tants and on the property within the town such sums of 
money as may be necessary to defray the expenses of the 
town for the current year, including the deficiency for any 
previous year. 

^je^tobea«- 65. The objects to be provided for by the assessment 
■*"^'°'' shall include the services and expenditures specified in 
sections fifty-one and fifty-two, the salaries and compensa- 
tion to the officers of the town, the support of the poor and 
insane paupers, the erection and repair of public school 
houses and the support of the public schools of the town, 
the equipment and expenses of the fire department, the 
maintenance of the town courts, civil and police, the laying 
out, opening, making, repairing, and improving the roads, 
streets, lanes and bridges, drains and sewers of the town, 
providing town buildings, the care of property, the expenses 
of the police, extra constables and watchmen, the interest 
upon debentures issued by the town, and all expenses 
incurred in the due execution of the diflferent powers and 
trusts vested by law in the town, its warden, council and 
officers. 

Ferment of pou 66. Evcry male resident of the town between the ages 
**** of eighteen years and sixty years shall pay an annual poll- 

tax of two dollars, except active members of fire companies, 
and members of union protection companies within the 
town, and such as have retired on the full service required 
by law. 

Pobiic meeting 67. The couucil shall in each year convene a public 
of ntepftyen. inegi;}^^^ ^{ ^\^q ratc-paycrs of the town, to be holden at 
such time, not later than one week previous to the election 
of councillors, and at such place, as the by-laws may desig- 
nate, at which meeting the accounts of the year as audited 
shall be produced if called for; and the council shall, 
through the warden, report to the meeting the state and 
condition of the town, and the efficiency of the several 
departments, and shall recommend to the meeting any 
proposed improvements and alterations, and shall furnish 
an approximate estimate of the expenses of all kinds 
required to be incurred for the current year, including the 
county rates of the town for the coming year, and the 
amount required to be raised to defray the same, for which 
sum the incoming council shall assess, and shall also recom- 
mend any additional sum required to meet any contemplated 
extraordinary services or improvements; and the rate- 
payers may, by a vote of the majority present, affirm such 



1886. CHAPTER 98. 49 Vic. 833 

extraonlinary expenditure, and the council shall at their 
next meeting pasa a by-law imposing a rate to meet such 
extraordinary expenditure so attirmed, or shall raise the 
required amount by the issue of bonds or debentures of the 
town, and by assessment make provision tor meeting the 
interest. 

68. All real and personal property within the limits of Exemption '»« 
the town Mhall be liable to taxation, whether such real and 
personal property be possessed, occupied or owned by indi- 
vidualn, or by any firm, joint stock company, association or 
corporation, and whether owned by parties residing in the 
town or elsewhere according to the best knowledge of the 
assessors, subject to the following exceptions : 

(1.) All property, real and personal, owned and occu- 
pied by Her Majesty, or if unoccupied. 

(2.) Every place of worship, churchyard, cemetery or 
burial ground, but not to include any parsonage or dwell- 
ing-house owned by anj' religious couijregation, or house 
occupied by any clergyman. 

(3 ) The real and personal property of every college, 
or academy, if occupied for the purposes thereof, or if 
unoccupied. . 

(4.) Every public school house, town hall, court bousCi , 

jail, and lock-up. 

(5.) All public landings, public break-waters, and 
public wharves. 

(6.) All public lands, and property of the town if 
occupied for the purposes of the town or if unoccupied. 

(7.) All Dominion and Provincial debentures, and 
debentures of the town in which the a9se^s^lent is made. 

(8.) The produce of any farm within the town being 
the property of the person who raised or produced the 
same, acd being intended, and reasonably necessary, for 
actual consumption on such farm. 

(9.) Manufacturing companies which have been or may 
hereafter be relieved from taxation by resolution of the 
council for such amount, and for such time, as they have 
been or may be so relieved, and all manufacturing com- 
panies \vhich have been or may hereafter be relieved from 
taxation by special statute. 

(10.) The property of any widow when of leas value 
than four hundred dollars, or if more than four hundred 
dollars and not exceeding one thousand dollars in value, an 
abatement of four hundred dollars shall be allowed from the 
valuation. 



834 49 Vid. CHAPTER 88. 1886. 

Po»p*«j2 °*^ C9. The council may by reftolution relieve any manu* 

^ *^ ' facturing company from taxation on their real and personal 

property^ either in whole or in part, for such a period as 

the council shall deem expedient^ not to exceed ten years% 

MnMoBot 70. The terms "land,'* "real estate" and "real 

property^' shall be held to include all land and all buildings 
or other things erected nipon or affixed to the land, and all 
machinery or other things afiisted'to any such buildings, so 
as to form in la^ a part of the realty, and all mineS) 
minerals and quarries ih, under and upon the lands, except 
mines owned by the Crown. 

Mniiioiiot 71, The terms "personal property** and "personal 

estate** shall include all household furniture, goods, chattels, 
wares, merchandise, horses> cattle, farming stock and 
implements of trade, timber, plank and materials, for the 
Construction 6t vesseU, all ships and vessels, or parts 
thereof, owned by persons residing in the town; all public 
stocks (except Dominion and Provincial debentures and 
debentures of the town in which the assessment is made,) 
all moneys belonging to any person> firm, company, associa* 
tion or corporation in the town, whether invested in public 
or private securities (except mortgages of real estate.) 

BMpiste., how 72 All ships and vessels owned by persons residing in 
the town shall be assessed as property within the town, 
whether such ships or vessels be at home or abroad at the 
time of the assessment, or whether registered in the town 
or elsewhere ; and all such ships and vessels, and ships and 
veasels in course of construction, and timber, planlc and 
other materials necessary for the construction of such ships 
and vessels in the yards where such ships and vessels are 
in course of construction, shall be assessed at one^-half their 
actual cash value, and ships so assessed in the town shall 
not be assessed or taxed for local or municipal purposes 
elsewhere. 

Jn«jj*«[wooni- 73. ^ Every fire, marine and life insurance company or 
**^ ■ ' As.«ociation having its head office in the town, or doing 

business therein by or throQgh a branch office or agency, or 
agent in said town, shall be assessed in respect lo real and 
personal property held by said company or association in 
the town in the same way as other rate-pa}'ers of the town 
are assessed and shall, in addition thereto> pay an annual 
tax as follows .' 

Every marine insurance company or association, not 
more than seven tv^five dollars. 



188a CHAPTER 98. 49 Vic. 835 

Every fire insurance company or association, from five 
dollars to fifteen dollars per annum. 

Every life insurance company or association, from five 
dollars to fifteen dollars per annum. 

If any insurance company or association is engaged in 
more than one branch of insurance business, it shall pay a 
tax at the rate above mentioned for each branch of said 
business carried on by it in the town. 

Said lazes shall be regulated by the town council, and 
become due and payable on the first day of January in 
each )'ear, 

74. The agent or manager of every insurance company Agendas, ho# 
or association doing business in the town by or through a ********* 
branch office or agency, shall, be personally liable to the 

town for all rates and taxes rated and assessed against the 
company or association of which he is the agent or manager. 
And the same may be recovered from him by an action at 
suit of the town, or the treasurer may issue his warrant 
and distrain the goods and chattels of said company or 
a^isociation, or the goods and chattels in possession of the 
said company or association, and sell the same to pay said 
taxes, or he may sue said company or association therefor 
the license fee payable by and all rates and taxes rated and 
ansessed against the company or association of which he is 
the agent or manager. And the same may be recovered 
fruru him by action at suit of the town, or the treasurer 
may i^sue his warrant and distrain the goods and chattels 
of the said company or association, and sell the same to 
pay said license fee and taxes, or he may sue said company 
or association therefor. 

75. All real and personal property shall be assessed atPitn>«rty ismm' 
the actual cash value thereof, so far as the same can be ***** ^ *** 
ascertained, except such property as is by this Act exempted 

frow taxation, or is hereby directed to be assessed at a 
different valuation. 

76. Personal property shall be assessed in the name of f«y»«>P^P^r 
and agamst the owner thereof, or person in possession. 

77. The person in possession of personal property at Who deemed uit 
the lime of the assessment thereof shall be deemed the**^"*'' 
Owner thereof, and the same shall be assessed in his name 

and against him, in case the real owner has not been 
as.se»8fcil therefor, provided, however, that no property in 
transit shall be assessed. 



336 49 Via CHAPTER 98. 1886. 

R«UMUte, bow 78. All real estate shall be assessed in the same manner 
and upon the same principles as provided in chapter 58, 
Revised Statutes, fifth series, in respect to municipal 
assessment. 

Property under 79. All real and personal property under the control 
eontroUfexecu-^f ^^^^ persons as cxccutors, administrators, trustees, guar- 
dians or agents, the separate property of married women 
and of minors, shall be assessed- and rated in the names of 
the parties exercising control over such property, but such 
rating shall be kept separate and distinct from the rating 
and assessment of real and personal property held by them 
in their own right, and notice to any one or more of them 
shall be suflicient, and the rates ard taxes rated and levied 
against said property, shall constitute a lien upon the same, 
and may be enforced by the sale of said property, and the 
person exercising control over f«aid property shall be liable 
in his representative capacity for said rates and taxes. 

^•n «»»*«■ on 80. No property of any person, firm, company, associa- 
"^'"^ ■ tion or corporation shall be taken possession of by virtue 
of any bill of ^ale, convej'ance or mortgage thereof, or any 
lien thereon, nor shall the same be seized or levied upon 
under or by virtue of any warrant, execution or attach- 
ment or other process, nor shall the same be sold under any 
order of any court until the party who holds the convey- 
ance, mortgage or lien thereon, or at whose instance or suit 
the warrant, execution, attachment or other process issued 
or order of sale was granted, shall pay all rates and taxes 
rated and levied against the owner or party in possession 
thereof, and the sheriff*, constable, or other officer having 
process to levy upon such property shall, before levying 
upon the* same, pay to the town treasurer such rates and 
taxes. And the assignee, mortgagee, or person holding a 
lien there(m, or sheriff, or officer who takes the said pro- 
perty, shall be personally liable to the town for the amount 
of the rates and taxes rated and assessed thereon, or against 
the person in possession thereof, for the then cut rent year, 
and may be sued therefor by the town, as for a debt due 
the town by said person. And said property shall also 
be liable to be levied upon, seized, taken and sold by the 
town treasurer to [ay said rates and taxes, together with 
costs and expenses. 

Appointment of 81 . The town council shall appoint two suitable persons 
townMscMors. ^^^ being members of the council, to be town assessors, to 

eontinue in office from year to year till removed by a vote 

of the council. 



1886. CHAPTER 98. 49 Vic. 887 

82. The town amessors shall attend at such time and t^Jj «woni into 
place as they shall be notified by the town clerk, and 
subscribe an oath, in the presence of the warden, stipendiary 
msji^istrate or a councillor, faithfully to perform the duties 

of their offices, and to make a fair and impartial assessment 
of the property within the town and of the inhabitants 
thereof. 

83. The assessors shall during their continuance in Compensation to 
office receive such annual compensation for their services**"*'**"' 

as the council shall decide upon. 

84. Any assessor who shall neglect or refuse to ^ JJ",? JSJ^t *'*"* 
sworn into office, or shall be guilty of neglect of duty, shall 

pay a fine of not less than ten nor more than fifty dollars. 
Provided, however, that should he have served as assessor 
within three years, he shall not be fined for non-acceptance 
of office. 

85. The assessors shall prepare an assessment roll fori>«*yo'* 
the town, wherein shall be set down in separate columns, so 
far as the same can be ascertained by the assessoi-s, the 
names in alphabetical order of the surnames of all persons, 
firms, companies, associations and corporations liable to be 
taxed in the town, the place of residence of the person 
liable to be assessed, the name and residence of the owner 
of the property, and the name of the tenant or occupier 
thereof, distinguishing residents from non-residents, the 
description of the property assessable against each, the 
value of each separate piece or kind of property, and such 
other particulars as the town council shall direct, and shall 
deliver the same certified to the town clerk as soon as 
practicable after making up the same, before the first day 
of February, or such other day thereafter as may be 
appointed by the town council. 

86. Every person holding assessable property in the written i 
town, either m his own right or as executor, administrator, 
trustee, guardian or agent, the agent or any partner in a 

firm, the secretary or manager of any company, the cashier, 
agent, secretary or manager of any public or private bank 
or any banking company, or any fire, marine or life insur- 
ance company or association, liable to be assessed in the 
town, shall when required by the assessors, deliver them a 
statement in writing, signed by such person, or, in case of 
his absenoei by his agent, and attested to before the 
stipendiary magistrate, warden, a councillor, or justice of the 
peace, containing all the particulars respecting the property 
>88«asable against such person in bis private and also in his 
22 



33S 



49 Vic. 



CHAPTER 98. 



1886. 



Statement not 
binding. 



Town derli to 
give notloe. 



Objection to 



^23*- 



how 



official capacity, or against the firm, company . association 
or corporation, bank or banking; company of which he is a 
member, or of which he is agent, manager/ cashier or secre« 
tary, which are required in the assessujent roll ; any such 
person refusing or neglecting to give such statement when 
required, or knowingly giving a false statement, shall 
forfeit a sum of not less than ten dollars nor more than 
thirty dollars, and in default of payment of such sum, 
together with costs of prosecution, shall be liable to be 
imprisoned in the county jail for a period not exceeding 
thirty days. 

87. No such statement shall bind the awessors further 
than from their own personal knowledge and inspection, 
and due inquiry made, they I elieve the statement to be 
correct, and notwithstanding any such statement, they may 
assess such person, firm, company, association or corpora- 
tion or agency, for such property and for such amounts a» 
they believe to be just and correct. 

88. The town clerk on the receipt of the assessment 
roll from the assessors, shall give notice by advertisement 
for one week in a newspaper published in the town, or in 
such newspaper as the council shall ord»*r, that such roll is 
open to the inspection of the rate-payers of the town, and 
may be inspected at the office of the town clerk, at the post 
office, at the public school-bouse, and at such other public 
place or places as the council may direct. 

89. Any person, firm, company, association or corpora- 
tion assessed in said roll, who shall think himself or 
themselves not entitled to be assessed, or that be or they 
are overcharged or undercharged in said roll, may within 
fourteen days after the first publication of the notice 
mentioned in the preceding section, but not after, give 
notice in writing to the town clerk, that he or the company, 
association or corporation of which he is secretary, manager, 
cashier or agent, appeals from said assessment, in the whole 
or in part, and shall in such notice state particularly the 
grounds of his or'their objection to such assessment. 

00. All appeals from said assessment shall be tried 
by a court to be known as the Court of Appeal from 
Assessment, which shall be composed of three members of 
the council, to be appointed by the council, and the 
recorder of the town. The recorder, when present, shall 
preside at all meetings of the court ; in his absence the 
senior councillor present shall preside. Any three members 
of the court shall constitute a quorum to hear eases, and the 



W86. CHAPTER 9a *9 Vid 839 

iJeci^ioTi of a marjnriiy of the members of the^court present} 
«hall be final. Tbe tawa elerk shall 4>e the dark of said 
"Court. 

9L The Court of Appeal from Assessment shadl meet<to"rt»»Aw»i. 
to hear appeals as soon after expiration of the time allowed 
for appealing against the a^^essment as praetical>le. at such 
time and place as the council shall appoint, and tnay 
edjoam from time to time at pileasvre. 

92. If at the time appointed for the meeting of the-Mftyftdjoamtor 
tourt, a quorvm shall not be present, the chairman or any^""*'""** 
member of the court present ma^r adjourn the conrt until 

another time; and in case no member of the council ^is 
present, 4t shall stand adjourned until the following dayat 
the same place and hoar, 

93. The Court oT Appeal shall 'have "power ^o i89«eT»w«n of own*, 
subpoenas for the attendance of witnesses before the court, 

^uch subpcenas shail be in such form as tho rec^^rrier ^hall 
^tablish, and may be signed by any member of the court ; 
'and ahy person served with any sach subpoena and having 
%een paid err tendered his fees, who shall dis)bey the 
subpoena, shall be liaMe to a penalty of not less than five 
nor more than ^orty dollars-^, and on non-payment thereof, 
to be imprisoned in the county ijailior a period Qjt exceed'- 
ing thirty 4ays. 

94i. All witnesses examined in -said Court of Appeal witm»« to b* 
«hall be sworn by the chairman of tbe court in the usual '^^^™' 
"way, 

95. The town -cleric shaTl at least ten da}*s before theu«tof com. 
tneeting of the court to hear a^ppeals, post up in his office p<»«*- 

^nd in one conspicuotas place in each ward of the town, a 
list of dlcoQiplaints against tlie assessment, giving in each 
tase the name of the complainant, with a concise description 
of the subject matter <)f the complaint, and the time when 
the court will -iireet tobear mich complaints^ andtthall serve 
a notice in iheioitn given in Schedule A. in the appendix 
"upon each ^of t1>e complainants, and on t-he assessors, and 
'Where it is pixjposed to transfer the assessment from a person, 
firm,company, association or corporation Wrongly assessed in 
said roH to the "proper person, firm, compan\\ association or 
corporation, upon the said person, firm, company, association 
or corpf)ration, by leaving the same or causing it to be left 
atthepiace of business of the said person, firm,' company, 
a8.<u)ciation, or corporation, or the place of resit lence of the 
said person,' orof any member, agent, manager or secretary of 



S4&. 



49 Via 



CHAPTER 99. 



I^8& 



said firm, company, association or corporation, and in the cane 
of DOD -residents, by mailing said notice io the post otlice in 
the town, addressed to the sard person, firm, company^ 
association or corporation at bis or tts usual or last place 
of residence or business, or where their address is not 
known, by posting the same on the property assessed. 

list of appeals. 96. The clerk shall prepare a. list of the appeaU^ 
entering them thereon in the order they are rceeiTed by 
him, and the court shall proceed with the appeals in the 
order as nearly as may be in which they are so. entered, 
but the court may, if they see fit, grant an adjournment of 
the hearing of any appeal to another time. In case cf the 
adjournment of the hearing of an appeal, it shall not be 
necessary for the clerk to serve notice of said adjournment 
on any of the parties to said appeal, biit the chairman of 
the court shall publicly announce the day the court will 
hear said appeal, 

Su?J»ttlfr"' ^'^' '^^ court, after hearing complainant and such 
witnesses as he may produce, and the subject matter of the 
complaint, and such witnesses as he shall produce, and the 
assessors if necessary, shall finally determine the matter. 

98. The Court of Appeal from Assessment shall have 
power to confirm, or reduce the valuation of any property 
in the assessment roll, to add to said roll the name of any 
person left ofi'said roll, and to strike off said roll the name 
of any pet son wrongfully entered thereon. The court shall 
also have power, and it sha>l be their duty when a property 
shall have been assessed in the name of a person who is not 
legally liable to be assessed therefor, to transfer the assess- 
ment to the proper person, provided that if such person 
has not been previously notified of such proposed transfer, 
be shall be forthwith notified, and the council at its next 
meeting thereafter shall hear such person and his witnesses, 
if any, and may if good cause be shown, reverse or modify 
the decision of the Court of Appeal, and when any property 
has been assessed more than once in any general assess- 
ment, the court shall strike out such as shall be improper 
or illegal, and correct any clerical errors made by the 
assessors in the assessment roll. 

90. The decision of the court shall in all cases be final, 
except as in the last preceding section. 

100. The chairman of the Court of Appeal from Assess-* 
ment shall have such and like powers and authority to 
preserve order in said court during the holding thereof, and 



Power of Oourl 
•I AppMl. 



Deobion finsl, 
txoept, Ac. 



Power of ofaair- 



1886. CHAPTER 98. *9 ViC «41 

t)y the like ways and mbann, as are exercised and used in 
like oases by the Supreme Court of Nova Scotia. 

101. The assessment roll as finally passed by the Court A«eMmenttob« 
of Appeal and certified by the clerk as so passed, shall be *•"*** 
valid, and shall bind all partiets assessed Ifi said roll, 
notwithstanding any defect or error therein, or any irregu* 

larity on tbe part of the assessors, or in respect to the 
fD&king up of said roll, or in the proceedings of said Court 
of Appeal, or any error or irregularity in the notices 
required to be given, or tke neglect or oinissioH to deliver 
or transmit such nottces. 

102. In case any person shall sbqw by oath or affidavit SMriiw, how 
to the satisfaction of the council that he has been prevented**". * 

by abi^ence, illness or other sufiicient cause from appealing 
from the assessment or d«ly prosecuting his ^appeal, the 
council may ^rant such person a hearing, and reverse or 
ciodify the -decision <rf the Court of Appeal or the assess- 
ment, as the case may be, and amend the asses^^ment roll 
accordingly, or remit or reduce the taK, as the justice of the 
case may require. 

W3. It shall not be necessar}' for the court to bear any ■^^♦wv ^^^ 
p<r8on or witness upon oath tinless the court deems it 
necessary or expedient, but the court may decide th^ 
matter in question without hearing evidence. 

104. All witnesses subpoenaed to attend the Court of "wun^sM fen. 
Appeal shall be entitled to be paid their fees ^t the rate of 

fifty cents per day, and five cents for each mile of actual 
travel, said fees to be paid by the party at whose instance 
the witness is subpoenaed. 

105. Wben ti«e assessment roll is completed and certi- ^SSScnt roiu 
tied by the clerk it shall be laid before the council, who 

«hall thereupon make estimates of all sums which may be 
required for the lawful purposes of the town for the then 
'Current year^ making 4ue allowance in such estimates for 
the abatement, losses and expenses which may occur in the 
^llection of the taxes, and for taxes which may not be 
^Uected or collectable; and ihe council shaH authoriise the 
levying 4ii;i4] 42q] lection of a rate or rates of so much on the 
'^'^llar on the assessed vaiue of the property assessed in 
^id roll as the council shall deem sufficient to raise the 
*J» required to defray th6 expenses of the town for the 
^ben current year, including any deficiency from any pre- 
<edingjear. 



342 



^ Vic. 



CHAPTER 9a 



18861 



Rate book. 



XotidM-fco be 



Dedtiction for 
P«n»pt pay- 
ment. 



Wamtnt may be 
issued. 



106- The town clerk shall pr({cure a book to be called 
the '* ra^.e hook/' in whi«h be shall set down- and enter \n 
alphabetical order of their surnames, the names in full of 
eaoh pernon, firm, company, aasoeiatron or corporation 
assessed in the asses.«ment roH, and the names of aU persons 
liable to pay a poll tax, and the eorreeb assessed value of 
the real and personal proper!}* of each person, firm, company,, 
association and corporation^ as valued in the assessment 
roll passed by the €o»rt ef xlppeal,. and he shaM also 
cateulate and set down the anionnt of the rate payable by 
each person, firm,, eoMvpany,, associatioa. and corporation^ 
which said rate book shall be revised and approve<i by the 
council or a eotniuittee of the councilloi^ for that purpose 
appoittted^ 

It)7. As soon as the rate book sfialT be approved by the^ 
eonnciler the committee a» in the preceding section men- 
tioned, the town eleik shall cause each person, firm^ 
company, association and corporation rated therein, or his. 
or its agent,, manager, cashier or secretaFy, to be served with. 
a notice in the form in appendix, sched^jle G, which may be- 
done by leaving said notice at the pface of residence or 
basiness of the said person, firni,. company, association or 
corporation, or the place of vesidence- or business of tbe said 
agent, manager, cashier or secretary, or in case of non^ 
residents by mailing the same to hiH or their last or nsuat 
address, or by posting the same on the property assessed. 

108. Any person, firm, cnmpail3^ association or corpora- 
tion paying to the town tieasurer the amount of his or 
their taxes within fourteen days after the receipt of tho^ 
said tax notice, shall be entitled te a deduction of two and 
a half per cent, thereon. 

109. If any person, firm, company, association or 
corporation rated in sai derate- book shaH not pay the amount 
rated against him or it within thirty days after service of 
the notice (or in case of non-residents, after the same has 
been marled to their address of left on the a.ssessed pro- 
perty) or within such other period as shcril be limited fop 
the payment of the same by the council, the treasurer may 
forthwith issue a warrant in the form given vn schedule II 
to this. Act, under his band and the seal ef the town against 
the paid person, firm, company, association or corporation, 
and levy the same, with costs and expenses of the collection 
theieof, by distress and sale of the goods and chattels of 
the said person, firm, company, association or corporation^ 
or of the goods and chattels in his or their possession, or of 
the goods and chattels assessed ta him. or them, in said 



im. CHAPTER 98. 49 ViC. 813 

asseHsment roll, wherever the same may be found. The 
|>roperty distrained may be removed to a place of safe 
keeping. 

110. When goods are distrained as aforesaid, the 2^« <>' <>** 
bailiff shall notify the party whose poods have been dis- 
trained that said floods have been seized for taxes due to 

the town ; and that unless the said goods are redeemed 
within five days, the same will be sold at public auction to 
pay said taxes and the coets and expenses of the seizure 
and sale. 

111. If the property so distrained is not re^letjnied^J^^***' 
within five days after such distraint, the same shall be sold 

at public auction to pay the rates, and costs, and expenses 
of seizure and sale, after three days notice of such sale by 
band-bills posted up in at least one conspicuous place in 
each ward of the town. If any balance remains after 
payment of said taxes, costs and expenses, the ^ame shall 
be paid over to the person in whose possession the property 
was when the distress was made ; piovided no claim to such 
surplus has been made by any other person on the ground 
that the property sold belonged to him, or that he was 
entitled by lien or other right to the surplus. If such claim 
has been made by anv person, and the ciaim is admitted, 
the same shall be paid over to him. If the claim is con- 
tested by any person, such surplus shall be paid to the 
town treasurer, who shall retain the same until the right 
thereto has been determined by action at law or oihci wise, 
but nothing herein shall render the treasurer liable for any 
eosts. 

112. The costs char oreable on the distress, shall be as^'^^f*** 
in the schedule to this Act. ^ 

113. In case of non-payment of said taxes by any lutes may !>• 
perfion, firm, company, association or corporation, either ■'***'^'* 
resident or non-resident, the treasurer may at his option 

sue therefor and recover the same, and co?ts, in the first 
instance as for a debt due to the town, and afterwards issue 
bis warrant and levy for any balance remaining unpaid, or 
he may issue his warrant and distrain the goods in the first 
instance and sue for any balance remaining unpaid after 
sale of the goods distrained. 

114. Any person absent from the Province indebted to ^^JjJ^ *«>"* 
the town for taxes may be proceeded against for said taxes 

under the proviiiionw of the Act respecting suits ajjjainst 
Absent or absconding debtors, notwithstanding that the 



344 49 Via CHAPTER 98. 1886. 

amount thereof may be less then the sum of twenty dollars, 
no attorney's fees to be taxed thereon on behalf of the town. 

FBraonsaboutto 115. If any person indebted to the town for taxes who 
^*' has been served with the notice requiring him to pay said 

taxes, ii about to leave the town before the time limited 
for the payment of said taxes has expired, the town 
treasurer, or in his absence the warden, is hereby autho« 
rized, notwithstanding that the time in the notice shall not 
have expired, upon making an affidavit before the stipen* 
diary magistrate, warden or any councillor, that said person 
is indebted to the town for said taxes, and that he verily 
believes that said person is about to leave the town, and 
that said taxes will be lost to the town unless a warrant be 
issued and said person's goods be distrained, or that said 
person be arrested at once, to either issue his warrant and 
distrain the goods and chattels of the said person, or cause 
a capias to be issued against such person in order to recover 
said taxes. 

JJJ^JJ^* 116. In any suit brought against a person for the 

recovery of taxes due to the town, a certificate in writing 
purporting to be signed by the treasurer and that the 
defendant's name appears on the rate-book of the town for 
the sum claimed from him for taxes, and that the said sum 
has been demanded from him for taxes, and that the same 
has not been paid, shall be prima facie evidence in any 
court of taxes being due and unpaid, and shall be sufficient 
proof to entitle the town to judgment unless a good and 
just defence be made thereto. 

Dj»ttof party 117. In the event of the death of any person assessed 
in the assessment roll after the making of the assessment 
by the assessors, the notice required by thi<» Act to be given 
to the person assessed may be given to his executors or 
administrators, and they shall have the right of appeal in 
the same manner as if they as such executors or adminis- 
trators were assessed for the property assessed against the 
deceased. If no executor or administrator has been 
appointed, or if they are not known to the town clerk, the 
said notices may be left on the property assessed^ and any 
person interested in said property may appeal front the 
said assessment. And the taxes rated and assessed against 
any deceased person, whether rated against him before his 
death or subsequently, may be recovered from his executors 
or administrators, and the estate of said deceased shall be 
liable for said taxes, and the same shall constitute a lien 
thereon. 



1886. CHAPTER 98. 49 Vic. 345 

118. Every person, firm, company, association or cor- J^J^JJ^jSlint 
poration, not assessed on the assessment roll of the town 

for real or personal property, opening a shop or commencing 
the business of a merchant or trader in the town after the 
as.seH8ment roll is made up by the assessors, shall pay to 
the town such a sum as the town council shall appoint, not 
exceeding the sum of twenty-five dollars for the first month 
or part of a month, and not exceeding the sum of ten 
dollars for each succeeding month or part of a month, that 
said person, firm, company, association or corporation shall 
keep Raid shop open or carry. on said business in said town 
daring the year. Said sum to be in lieu of taxes, and shall 
be collected from said person, firm, company, association or 
corporation in the same manner and by the like means as 
herein provided for the collection of taxes. 

119. With respect to taxes assessed and rated against ^eoewed 
a deceased person or against bis estate, or against nis 
executors or administratom, the town treasurer may issue 
his warrant and distrain the goods and chattels belonging 
to the estate of the deceased, or he may proceed against 
said executors or administrators for the amount of said 
taxes by suit, as for a debt due to the town by the said 
deceased or by the said executors or administrators. 



120. No error, informality or irregularity on the part ^JJ^JJJJJ. 
of the town council, the assessors, the Court of Appeal, the 

town clerk, or any of the other town officers, nor error or 
omission in giving the notices required by this Act to be 
(ipven, Khali affect or prejudice the validity of any general 
or individual assessment made, levied, collected, or dintrained 
for in the town. The invalidity, irregularity or illegality 
of any individual rate or assessment shall not extend to or 
affect the validity of any general assea^^ment or of any 
other individual rate or assessment. 

121. The failure to levy any poll-tax shall not affect pg«^*«>»**7 
or diminish the validit}* or legality of any general assess- 
ment made or levied in the town. 

122. All the public streets, roads, highways, lanes, ptopj"^ ^«*«i 
sidewalks, bridges, squares and thoroughfares, all public 

sewers, drains and ditches, and all public wells in the town, 
are hereby vested absolutely in the town, and the council 
shall have full control over the same. 

123. The council shall have power to maintain, improve, Jjj^*" ^ «>"'»" 
repair, widen, alter, divert, straighten, stop up, raise, sink, 

light and water the streets, roads, lanes, bridges, and 



846 



49 Vic. 



CHAPTER 98. 



1«86. 



pQwen of couQ- 
cU. 



Opening new 
street 



Owners to be 
noUfled. 



puWic squares in the town, and shall have full power and 
authority to lay out, open, make and build all such new 
streets, roads, lanes, bridges, and public squares as the 
council shall deem necessary or expedient, and for the pur- 
poses aforesaid are authorized and empowered -when 
necessar}' or expedient to enter into and take any land 
required, and to remove any buildings, projections, walls, 
fences or other things, or any portion thereof. 

124. No proprietor, owner, occupant, or other person 
interested in any wav, or having any claim, right, or pro- 
perty in anv land adjacent to or bordering; upon anv street 
or lane within the town, shall be entitled to any compen- 
sation from, or be entitled, or at liberty to maintain any 
action, prosecution, or other proceeding, either at law or in 
equity, against the town, or any officer or servant thereof, 
or any person acting under the authority of the town »>r its 
officers, by reason of anv operations upon said street having 
deprived such land of lateral support ; but the town and 
its superintendent of streets and street committee, and all 
persons acting under th<»ir authority shall and may cut 
away and remove from the street, up to the extreme limit 
thereof, so much of the earth, stones, and other material, 
as may be in their judgment necessary for the proper 
grading of the street, and may from time to time, and as 
often as may be necessary, remove from said street all 
earth, stones, or debris of any kind that may fall upon such 
street from the adjncent land. And the town or its officers 
may from time to time, and as often as may be neces-<ary, 
build up and raise the surface of the streets, or any street 
within the town, to the extreme limit of such street or 
streets, provided that in all cases where the street is so 
raised a suitable retaining wall shall be built wholly upon 
the street, if the same shall be necessary to prevent debris 
from the street from falling upon the adjacent land. 

125. When it is proposed by the town council to lay 
out or open a new street, road, lane or public square, or to 
widen, divert or straighten any street, road or lane, the 
council shall cause a survey and plan of said street, road, 
lane or square to be made, and the said plan when com- 
pleted shall be filed in the town clerk's office. 

126. Before taking any land for a new street, road, 
lane or square, or for widening:, diverting, straightening or 
improvincr any street, road or lane or for any public square, 
or removing any building, projection, wall, fence or other 
tbing, the council shall notify the owner of said land, 



1886. CHAPTER 9& 49 ViC 8*7 

buildinff, projection, wall, fence or other thing, that the 

same is required by the town for the said street, road, lane 

orpqaare, or that it ia necessary to remove said building, 

proj**ction, wall, fence or other thinjr, and in case they 

cannot agree upon a sum to be paid the owner for the 

said land or the daaja|/e caused by the removal of said 

luiUiing, projection, wall or fence, the town council shall 

appoint one arbitrator, and shall notify the owner thereof 

to appoint one arbitrator, and in case of his neglect or 

refusal no to do for ten days after service of the said notice^ 

the warden f hall appoint an arbitrator to act on behalf of 

the said owner, and the two arbitrators so appointed shall 

choijse a third arbitrator. In ease the said arbitrators 

cannot agree upon the third arbitrator hefthall be appointed 

by the County Court Judge on the application of either 

party. The three arbitrators so appointed and chosen, or 

any two of them, having been first duly sworn to the 

faithful di.scharge of their duties before the warden. 

Stipendiary Magistrate, or a councillor, shall give notice to 

the person whose land it is proposed to take or whose 

building, projection, wall, fence or other thing it is proposed 

to remove, or to his agent, of the time and place when and 

where they will meet to appraise the said damages, and at 

the time and place so appointed they shall proceed to 

appraise the damages and award the sum to be paid to the 

owner of said land, building, projection, wall fence or other 

thing, and shall make a return thereof to the town clerk 

within thirty da^s after their appointment. The award of 

the said arbitrators, or any two of theui, «hall be final and 

conclusive, and binding ^n all parties interested, provided 

the town council decide to proceed with said work, and in 

case the town council decide to proceed ^ith said work the 

town {(hall within six months thereafter pav to the owner 

thereof the sum awarded to him, and immediately upon 

thft payment or tender of the sum so awarded, or npon 

payment thereof to the Prothonotary of the Supreme Court 

as hereinafter mentioned, the town shall be and be deemed 

the owner in fee simple of the said lands, and may then 

proceed to lay out and open said street, or to remove said 

buihiing, projection, wall, fence or other thing. If the 

expenses and damages appear to the council excessive when 

compared with the utility of the work, the council may 

susptnd or abandon the undertaking at any time. 

127. The arbitrators shall be freeholders, but shall not who to be m-m* 
be interested in the lands proposed to be taken or in the*"**®"" 
building, projection, wall, fence or other thing to be 
removed, nor in the lands lying along the street, road, lane 



When owner 
Doi known. 



548 49 Vic. CHAPTER 98. 1886. 

or square propofied to be opened or repaired, but they may 
be residents of the town. 

128. In case the owner of the land which it is proposed 
to take, or of the building projection, wall, fence or other 
thin^ which it is proposed to remove, is not known, or in 
case there is a dispute as to the ownership of said land, 
the notices hereby required to be given to the owner may 
be given by advertisement in a newspaper published in the 
town, or if no newspaper is published in the town, then in 
such new8| aper as the council shall order. 

Monejmaybe 129. If there are any claims or incumbrances on the 
pal ntocourt. |g^^jg taken, or if the owner of the land is unknown, or if 
the person to whom compensation is awarded to be paid 
cannot be found, or if there is any dispute as to the owner- 
ship of said land, building, projection, wall, fence or other 
thing taken or removed, or as to the person to whom com- 
pensation should be paid for the taking or removal thereof, 
or if for any other reason the council deems it advisable, 
the council may pay the sum awarded by the arbitrators 
into the office of the Prothonotary of the Supreme Court 
of the county in which the town is situate, and deliver to 
the Prothonotary a copy of the award, and the person or 
persons entitled thereto shall, on establishing his or their 
right thereto in the said court, be entitled to have the same 
paid over to him or thetn on order of the said court 

£Str»tOT^**"*^ 130. The arbitrators shall receive such compensation 
to be paid by the town as the council shall determine. 

conetniotion of 131. Whenever the council shall deem it to be neces- 
sary to the public health to construct a sewer upon or 
across the land d{ any private person, or corporation, or 
number of persons, they shall have power after resolution 
to that effect and notice to the person or persons whose 
property is to be affected, to enter upon such property from 
time to time and as often as may be necessary, and to 
do all such acts as may be nece^.'-'ary for the construction 
and repair of a suital»le sewer or drain across such lands, 
which shall be at least four feet below the surface to the 
top of the drain or sewer, and shall be covered with earth 
and stones, and if the owner of such land shall claim thai 
the same has been injured in connequence of such operations, 
he shall be entitled to such compensation as may be agreed 
upon to be paid by the town and in case the parties cannot 
agree the sum to V>e paid as such compensation shall be 
determined b}' arbitiatots chosen as in section 126 defined, 
and all the provisions of the five next preceding sections 
shall be complied with so far as the same are applicable. 



1886. CHAPTER 98. 49 Vic. 349 

132. The council shall not lay out or open, nor accept wwthoi new 
the dedication to the town of any street, road or lane of ' 

lesA width than fifty feet ; nor shall any moneys or 
revenues of the town be paid out or expended on any 
street, road or lane of less wiJth than fifty feet, nor unless 
the line thereof has been approved by the council, except 
on the streets, roads and lanes dedicated to or owned by 
the town previous to the passing of this Act, or on which 
at the date of the incorporation of the town statute labor 
had been performed, or public moneys expended ; and no 
person shall lay out or open for public use or dedicate to 
the town any street, road or lane over and on his own 
property until the width and line thereof has been approved 
by the council. 

133. The streets of the town and the expenditure stre«texpradi- 
thereon shall be placed under the cc^itrol of a committee of "'** 

three councillors, to be annually chosen by the council, to 
be called the committee of streets, and the superintendent 
of streets shall be under the direction and control of the 
conmiittee. 

134. The council may appoint a superintendent oforSSUbT***"* 
streets, to hold office until his successor is appointed or 

urtil removed by a vote of the council. The superin- 
tendent shall be sworn before the warden, stipendiary 
magistrate or a councillor, to the faithful discharge of his 
duty. He shall give security in such sum as the council 
^hall order, and shall receive such compensation as the 
council shall by resolution appoint The duties of the 
superintendent shall be specially set out in the by-laws of 
the town. 

135. All sums of money required for the street service street Mrvkw oi 
of the town shall be taken from and borne by the general *®''°' 
revenaes of the town. 

136. Persons intending to build upon or close to a line intending 
of a street, shall before the digging of the foundation, or **"****•"• 
commencing the building, apply to the council to cause the 

line of the street to be defined and laid out, and shall 
defray the expenses of a survey, if necessaiy to hold one, 
and shall dig the foundation, and erect the building within 
the line, and if any person shall erect a building on the 
line of said street without making such application, and 
having the line so ascertained, or shall encroach on the 
street, he shall forfeit and pay a sum of not less than forty 
dollars nor more than eighty dollars, and on non-payment 
thereof shall be imprisoned in the county jail for a period 



850 



49 Via 



CHAPTER 98, 



1886. 



Inoambraaoef 
^oo streeta. 



Ume not to be 
iNnapATod, Ao. 



of not less than ten nor more than ninety days, and shall 
also remove the encroachment, or otherwise the council or 
their committee of street* may cause the same to be 
removed at the expense of the said person, or take the steps 
allowed b}' law in case of nuisances. 

137. No person shall pile> deposit^ or place on any road, 
street, lane or other public place of the town^ any manure^ 
compost, earthy wood, lumber, or other substance or material 
whatsoever, under a penalty of not exceeding ten dollars 
for each offence, and on non-payment thereof to imprison* 
ment in the county jail for a period not exceeding thirty 
days; and every twenty-four hours that such manure^ 
compost, earth, woo<], luinl>er or other substance or material 
shall remain piled, deposited or placed on any road, street, 
lane or other public place of the town, shall be held to be 
and shall be a separate* ottence. 

138. No person shall slack, riddle, mix with sand or 
otherwise pi-epai e lime, in any of the roads, streets or lanes 
or other public places of the town, unless by written permis- 
sion from the superintendent or committee of streets, under 
a penalty not exceeding ten dollars for each offence, and 
on non-payment thereof shall be imprisoned in the county 
jail for a period not exceeding thirty days ; provided that 
any person or persons building and repairing a house or 
houses in the town may be permitted to use and occupy 
ten feet in wiilth, from the line of the street toward the 
Centre, to extend the length of the house or houses so being 
erected or repaired, for the purpose of piling lumber, stone, 
brick, sand or lime, and for mixing lime and sand, or doing 
such other work as may be necessary for the erection or 
repair of such house or houses so being erected or repaired ; 
such portion of the street so used and occupied to be 
enclosed by a substantial fence erected by the person so 
building or repairing, as aforesaid, such parties also to 
provide a suitable path or sidewalk, at least two and one- 
half feet in width around such fence, and shall keep the 
same lighted. Persons so building or repairing may be 
permitted to use said portion of the street as long as to 
the superintendent or committee of streets shall seem 
necessary^ 

t^MMffeflttotio 139. No person shall encumber or obstruct a free 

b«obrtructed. pj^j^^j^g^ through any street, road, lane, thoroufjhfare or 

sidewalk, or path of the town, by exposing tor sale, 

unpacking or "lufiering to remain upon any street, road, lane, 

alley or thoroughfare, or upon the sidewalk or footpath 



18>ia CHAPTER 98. 49 Vic. 831 

thereof, any lumber, iron, coal, trunk, bale, crate, pacUafi^e, or 
other article or thing for more than two hours, or leave any 
such articles at ni^ht on the street, road, lane, thoroughfare 
or path or sidewalk, after six o'clock, under a penalty uf not 
less than one dollar, nor more than ten dollars, or imprison- 
ment in the jail or lock-up for not more than thirty days; 
and the continuance of any such obstruction for one hour 
after notice given by the warden or a councillor or any 
policeman or constable, to remove the same, shall be deemed 
a new offence, and for every hour it is continued he shall 
be liable to an additional fine* 

140. Any person who shall designedly and unneces-J^^J^^« o*** 
sarily drive any carriage or sleigh, or sled or cart, or ride 

on a side-path, or obstruct any sidewalk, or leave standing 
thereon, any carriage, cart, sleigh, or sled or horse, or roll or 
place any heavy articles on the same, to the injury or 
obstruction of the sidewalk, shall for every offence forfeit 
not le.vs than one dtdlar nor more than ten dollars, and on 
non-payment thereof shall be imprisoned in the jail or 
lock-up for a period not exceeding thirty days. 

141. No person shall break up the soil of Any street gjjjj^"^*®*** 
without first making application to the committee of streets 

in writing, specifying the purpose for which such breaking 
up is required, and obtaining their permission therefor in 
writing; and the committee may impose such terms upon 
the person applying, as the security of passengers shall 
appear to them to require; any person acting contrary to 
this section or to terms im|K)sed by the committee, nhall 
for every offence forfeit a sum not exceeding twenty dollars, 
and on non-payment thereof shall be imprisoned in the 
jail or lock-up for a period not exceeding sixty days. 

142. No persons shall stand in a group or near to JJJJJJJ^^**®^ 
each other on any sidewalk, crossing or bridge, so as to 

obstruct a free passage for foot passengers, under a penalty 
of not more than ten dollars, and on non-payment thereof 
to imprisonment in the jail or ktck'-up for a period not 
exceeding thirty days, and any person or persons refusing 
or neglectmg after the request of the warden, any conn* 
cillor. policeman, constable, or watchman, to remove and 
not obstruct such sidewalk, crossing or bridge, shall be 
deemed to have committed the above ofTences, and shall be 
liable to the penalty. 

143. No person shall play ball, or throw a ball, stone ^Jj^*^*'* 
orsnow'^ball, or other missile likely to Injure any permm or 



352 49 Vic. CHAPTER 98. 188ft 

property, in or over any street or public place, nor throw 
any substance against any dwelling house, or private or 
public building, or into any private grounds, with the 
intention to injure the same or disturb the irmates thereof, 
nor write nor cause to be written or portrayed any obscene 
word or figure, or make any obscene characters upon any 
fence or building or any public place, under a penalty not 
exceeding twent}^ dollars, or in default of payment thereof, 
of imprisonment in the jail or lock-up for a period not 
exceeding thirty days. 

ooMjUnff on 144. No person shall course or coast upon a sled in any 

street, road, lane or thoroughfare, or over any sidewalk of 
the town. Every person offending against the provisions 
of this section shall forfeit and pay a sum not exceed] n^jr 
ten dollars for each offence, and on non-payment thereof 
shall be imprisoned in the jail or lock-up for a period not 
exceeding thirty days ; and all sleds or sleighs found in 
use coasting down the hill, or about to be so used, shall be 
seized by any policeman, constable, or watchman, and the 
same shall be and become forfeited to the town. 

disorderly drhr- 145, No pcrson shall ride or drive any horse, team or 
vehicle at full speed, or in a furious, reckless, violent or 
disorderly manner, or shall engage in any racing of horses 
in any public street or highway, or in any public place in 
the town, under a penalty on conviction thereof of not more 
than thirty dollars, or in default of payment imprisonment 
for a term not exceeding thirty* days in the county jail. 
Any person found violating this section may on view be 
forthwith arrested by any policeman, or constable, or other 
town officer, and lodged in the lock-up or jail until brought 
before a stipendiary magistrate. 

loiitobetmoed 146. The owner or occupier of every lot abutting on 
any street, lane, road, or other highway within the town, 
shall fence in the same within ten days after receiving 
notice to thatefiect from the town clerk, and 'shall keep and 
maintain such fence in perfect repair to the satisfaction of 
the street committee. Every such fence shall be board, 
picket, or stone fence, or such other material as may be 
approved of by the street committee, but shall be sufficient 
to protect the street from all nuisance or inconvenience. 
Any person violating the provisions of this section shall 
forfeit and pay a penalty not exceeding fifty dollars for each 
offence, and in default of payment the offender shall be 
imprisoned for a period not to exceed three months in the 
county jail, and the owner and occupier shall both be deemed 



1886. CHAPTER 98. 49 Vic. 859 

to be guilty of violation of such provision, and shall be 
liable to such penalty and imprisontnent, provided notice 
has been given as aforesaid, and such fence has not been 
fenced or a«aintained as herein directed, and whenever it 
woald in the opinion of the street committee be dangerous 
to leave such property unfenced for the period of ten days 
as herein provided, the street committee may cause the 
said fence to be erected or repaired, and charge the expense 
of so doing to the oWnor or occupier of said lot, and the 
same may be collected from said person in an action at the 
suit of the town with costs. ^ 

147. No person shall move buildings upon or over a Moving buiid- 
public street without permission first obtained from the ^"^ 
council, and payment of such sum for the privilege as the 

council shall determine, and any person offending against 
the provisions of this section shall be liable to a penalty of 
not more than twenty dollars, and in default of payment, 
imprisonment for a period not longer than twenty days. 

148. The town council shall have power and authority ^'**"«»«* ■•^ 
to lay out, excavate, dig, make, build, maintain, repair and 

improve all such drains, sewers and watercourses as the 
council shall deem necessary or expedient, and to make 
by-laws and regulations respecting the same, and for the 
purpose of protecting and keeping the same free. 

149. No action shall be commenced against the town Notice before 
or the committee of streets, or against the superintendent 

of streets or persons acting under them or him, until thirty 
days' notice in writing shall be given to them or him, nor 
unless the same be commenced within six months after the 
act complained of was committed, and every such action 
aball be laid and tried in the county in which the town is 
situate. 

150. The council shall annually appoint such number Appointment oi 
of firewards, not exceeding six, as they shall deem neces- ^"^*"**' 
sary, who shall be sworn to the faithful discharge of their 

duties, and shall have suitable staffs assigned and provided - 
for them by the council as badges of office. 

151. Upon the break out of a fire the firewards, taking Firewards dutfi 
their badges with them, shall forthwith repair to the spot 

and use their utmost endeavors to extinguish and prevent 
the spreading of the fire, and to preserve and secure the 
property of the inhabitants, and any firewarden may com- 
mand the assistance of the inhabitants, or of any person 
present thereat, in extinguishing said fire and removing 
23 



354 49 Via CHAPTER 98. 1886. 

any property out of any building actually on fire, or in 
danger thereof, and may appoint guards to secure and take 
charge of the same, and may command assistance for the 
pulling down of buildings, or for other services relating 
thereto, and due obedience shall be yielded to their 
commands lawfully made at snch fire, and any person dis^ 
obeying such orders or commands shall for each ofienee be 
fined not more than ten dollars, and in default of payment 
thereof be imprisoned in the county jail for not less than 
twenty days. . 

wbo to break 152. No person other than a fire ward, or a person 
*****" *^ thereto commanded by a fireward, shall break open any 
building, or attempt to pull down the same, unless with 
the consent of the owner of such building, provided, how^ 
ever, that any fireward present at a fire may order any 
building, fence or other erection to be pulled down or 
blown up or otherwise destroyed, to prevent the spread of 
the conflagration, and no person acting within the scope of 
such order shall be liable to any suit, action or proceeding 
at law for such acts. 

pofjrofiire- 153. TJpon the occurrence of a fire in the town the 

firewards or a majority of them may direct any building ta 
be pulled down if in their judgment the doing so will tend 
to prevent the further spreading of the fire, and if the 
pulling down of such building shall have the effect of 
stopping the fire, or the fire shall stop before it comes to the 
same, the owner of snch building shall receive payment 
therefor out of the funds of the town by making applica^ 
tion to the «ounciI, who, if satisfied of the justice of the 
claim, shall make an order for the valuation of the same, 
whereupon the council shall appoint three disinterested 
parties who shall be sworn to make a valuation of the 
damage sustained hy such applicant, and the sum found by 
the award of such arbitrators or any two of them shall be a 
charge upon the revenues of the town, and shall be included 
in the next annual assessment, and paid over to the party 
entitled thereto within three months after the levying of 
the assessment. 

Vire Mid proteo 154. All fire Companies and protection companies 
tion compansw Qj-gg^nj^ed withiu the town shall be subject to the control 
of the town council, and to such orders, resolutions and by- 
laws as the town council shall from time to time adopt, 
and the town council shall have power to dissolve or 
disband such companies, and from time to time to organize, 
dissolve or disband companies for the extinguishing of fires 



I8S& tTHAPTER P8. 49 Vic. 356 

or preservstion or protection of property thereat, and to 
establish atid ordain rales and regHlations for the organisa- 
tion and govermBeiTt of such companies, and such companies 
shall during the actual progress of a fire be -subject ^to the 
exclusive and absolute control of the firewards, provided 
that the orders and commands of such firewards shall be 
commimicated to the company through the principal officer 
of such company present at such fir a 

l&o. Notwithstanding anything hereinbefore -con- JJiiLnJ** ****^ 
iained,«very company so organized shall elect its own 
"Officers, but the council may appoint an engineer or 
engineers lor the operating of any fire engine er other 
machine beloo^ng to the town used for the purpose of 
extinguishing fires, who shaU during the continuance of -the 
*fire be subject to the orders and commands of the firewards. 

156. Upon an alarm of fire the firemen shall at once Duties of ure- 
repair to the •place of depo«jit of the knpletnents and ****"* 
machinery used for the purpose of extinguishing fires, and 

bring them to the place where the fire shall have been 
discovered, and shall then diligently use the same under 
<he direction of the firewards 4n such way as way be 
deemed most useful for eatinguishing the fire. 

157. The captaia of the compan}' or in his absence the-oneen t« kave 
«ext highest officer shall have the power of a fireward in * p*''**^ 
■commanding assistance in taking the said implements and 
machinery to or from any fire, and a like penalty shall 

attach to disobedience of orders, lawfully given, as to those 
-of a fireward. 

15S. The town council may appoint as many fire Fir* rvRsubiM. 
constables asthey may deem necessary, who shall be sworn 
ioto office, and shall at the time of fires, with suitable 
staves to be provided for them by the council, attend at 
the fire and act under the direction of the firewards in 
subduing the fire, keeping order and preventing thefts, and 
policemen shall perform at fires the same duties, and 
possess the .same powers as are hereby imposed and con- 
ferred upon fire constables. 

159. 'The town council may appoint and license cwnmey sweep. 
chimney sweepers, and may from time to time regulate the*"' 
fees chargeable for their services, and any chimney sweeper 
^ appointed and licensed who shall refuse to perform his 
duties or render hin services when called upon so to do by 
any rate-payer, or shall neglect to do so for an unreason- 
able time -after being so called upon, or who for such 



356 4» Vrc; CHAPTER 98i. 188(L 

services shall' charge or accept » fee or reward greater than 
the snm allowed by SBch regulations, shall upon summary 
eonvictioffi thereof before the stipendiary magistrate, forfeit 
not less than ten doUars, and in default thereof be 
imprisoned for a term not less than twenty days. 

•iT^ISiitfira^ 160. Ko public work shall be undertaken by the 

•Kpe re. -^g^|.jgQ j^^d councillors, nor any money assessed beyond 
what is required for ordinary purposeSr until the same shall 
have been submitted to the rate^payers present at the 
annual meeting of rate-payers, the estimate of such extra-^ 
ordinary expenditure berng published in printed form,, with 
notiee of sttch meeting, at least two weeks before tho 
meeting at which it is submitted^ and a ma^rity vote at 
such meeting signified by rate-payf»rs in writing,. shaU 
determine whether or not such extraordinary expenditure 
shall be incurred. 

Employment of 161. The town cooncil are hereby authorized and 
enginwr. empowered to employ a competent engineer to make 
surveys and pkns of the streets within the town, showing, 
the surface of the streets as existing and the permanent 
levels to be thereafter made,^ which levels when approved 
by the town council shall be and remain the permanent 
levels, and the plans shall be &led in the office of the town 
clerk as public records of the same. The engineer shallalso- 
make a survey and prepare plans and specifications with an 
estimate of the cost of introducing a water supply and 
constructing the sewerage works referred to in the 
immediately following sections. The co«st of said surveys,, 
plans, specifications and estieiates, shall be added to and 
included in the general assessment of the town^ with the- 
proviso that in the event of the said water work» and 
sewerage works being approved at the public meeting to* 
be called for the purpose, the expense of the survey, plans, 
specifications and estimates for the same shall be and form 
part of the preliminary expenses connected with the con- 
struction of water and seweragie works.. 

Meeting on 162. The town council are hereby authorized and 

water suppi/. ^jnpQ^ep^d upon a vote of the majority of the rate-payers 
who are assessed upon property within the limits herein- 
after mentioned, and who are present and vote at a public 
meeting of the said rate-payers to be called for that purpose, 
after at least ten c*ays' notice has been given of the time 
and place of said meeting by advertisement in a newspaper 
published in the town, and by notice posted in seven con- 
spicuous places in the town, to provide for the town a good 



1886. CHAPTER «i 49 Vic. 557 

ttnd suffieient suppfy of wafter for fire, domestic and other 
purposes, and in order to obtain such supply, to construct 
such wof^s, to lay «uch pipes, and do all such things as may 
he necessary to obtain an efficient siipply of water for said 
purposes; and also to construct a^n -e^eient system of 
sewerage wo As for the town:; and also to provide hose 
reels, hose and other neoessary appurtenances f(Mr the com- 
plete equipment of the €re department ; and are also 
authorised and empowered on the vote as aforesaid, to issue 
debentures not exceeding in the whole the sum of twenty- 
'five thousand dollars in the form in schedule F., under the 
hands of the warden «nd any two or more of the councillors, 
and under the seal df the town and -countersigned by the 
town clerk, for the purpose of raising the necessary funds 
to carry out these objects. The regularity of any of the 
proceedings necessary to precede the issue of said 
debentures ehall not be questioned or disputed after such 
debentures shall have lieen issued. In the event of a 
majority of said meeting not being in favor of said resolu- 
tionR, the town council shall be at liberty to call fresh 
meetings for such purpose until a vote of the rate payers is 
obtained authorising the town council to proceed with the 
construction of tho said water and sewerage works ; but 
intervals of six OM)nths«hall elapse between the ttolding of 
imy two loeetingtt. 

168. The councM shall hav« power to postpone any JJJJ^"*"**"***' 
■meeting •called to a time and place to be named in the 
notice of such postponement, and <rbe postponed meeting 
shall be advertised -at least for the same space of time and 
in the same way as the ^Milling of a meeting is required to 
be advertised. 

164«. Such debentupes shall not be Issued for a less sum J«we of deben- 
ihan one hundred dollars-each, and shall bear interest at a ""^ 
rate not exceeding six per cent, per annum, payabSe half 
yearly, and shall be redeemable at a period to be expressed 
in such debentures, not •exceeding twenty years from the 
isijuing thereof.; such debentures shall be made payable to 
the bearer and may be redeemed by the town at any time 
after the -expiration of five years from the date thereof 
upon giving six months* notice in a newspaper circulated 
in tbe town.; such •^debentures shall be free from municipal 
taxation, 'and shall beasses^able and -chargeable only upon 
the property em braoed in tbe water limits of the town as 
hereinafter defined. 

163. For the purpose of obtaining the said supply ^^^^"^^^ ®"*^ 
water^ the itawn council are authorized and empowered to 



358 49 Vic. CHAPTER 98: t886i 

enter upon tbe lands bordering on the Kentville brook,, 
and the lands bordering on the lakes at the head of said 
brook, and te bviild and ereet sueh danos and reservoira at 
any point or points npon said brook or on the said lakes aa 
may be necessary to obtain and preserve a good and- 
sufficient supply of water for the purposes of the town,, 
aitd for the said purposes to eause the water to overflow^ 
the lands bordering on said lakes and brook, and to take 
fi-om said lakes and brook such quantities of water 
as may be required, and in the construction, buikiing, and 
repairing of said dams and reservoirs^ and in the layings 
down, construction, repairing, and alterations of' any maii^ 
or service pipes, the warden, couneillors, or any or either o£ 
them, and their engineer, superintendent, servants or work* 
men, shall have full power, and the> are hereby authorized 
from time to time as occasion may require, to enter upoi> 
any lands and tenements beth within the town and outside 
the same, along or near the line of construction, be the head" 
waters of such supply, whether such kinds and tenements 
be inhabited of otherwise, and may remain thereon as long* 
as they may deem requisite for the proper executioi\of the- 
work, and may make all such excavations on the premises. 
as may be expedient, and take up and remove any floors,, 
timber, planks, or any walk, fences,.oF erections whatsoever,, 
doing no unnecessary damage to the same, and carefull3r 
replacing the same upon the requisite work being performed^ 

Socrtahl'ed'''' ^^^' ^ ^^^ cvcnt of any damage being dono in the- 

execution of the work, the party sustaining such damage- 
shall be entitled to receive such compensation aa shall be 
mutually agreed upon^andin case no such* agreement can be 
made, at the request in writing of such party arbitrators shall 
be elected and appointed, as provided for in the section 
second hereafter numbered I67|, to assess the damages ta 
be paid to the party entitled thereto,, whose award, or the 
award of any two of them, shall be final and bindings upoa 
the parties, and the amount so assessed shall be paid within 
three months thereafter. The costs of such inquest shall be 
taxed or allowed by the judge of the county court at the 
same rate as in cases of ordinary inquest befbre sberiS-« and 
shall be equally borne by the town and the complainant,, 
whose moiety thereof shall be deducted and retained out 
of the amount of damages assessed 

KMd»nMyite 167. It fehall bc lawful for the town council from time 

to time for the purposes of this Act, and for the repairs of 
any of the works constructed thereunder, to open the roads,, 
streets, and highways within the town,, and those outside 



1886. CHAPTER 98. 49 Via 369 

the town when neeessary, and to keep any such road, street, 
or highway open for such reasonable time as may be neces- 
sary, and to cause such reservoirs, tanks, fountains, hydrants, 
lea<ler8, pipes and tubes to be laid and placed on and under 
said roads, streets, and highways as may be necessary and 
proper, the said town council dosing up, repairing, and 
making good such roads, streets, and highways; and said 
town shall continue to be the owner of all such reservoirs, 
tanks, fountains, hydrants, leaders, pipes and tubes, and 
other works which may from time to time be constructed 
under the authority of this Act, notwithstanding that the 
same may be built or laid upon in any highway or other 
property not belonging to the town. 

167i« Whenever it shall be necessary for the securingTitie to iimd, 
the necessary supply of water, the laying .down or placing of ""^'^ »«i«»r««i* 
any reservoirs, tanks, fountains, pipes, leaders, or tubes, or 
for any purpose whatsoever under this Act, that the town 
should be invested with the title or possession of or in any 
lots or parcels of lands and premises situate anywhere 
either in the town or outside the corporation limits, it shall 
and may be lawful for the council, in case they cannot agree 
with the proprietors of such lands reepectivel}' for the sale 
or lease thereof as may be required, to give notice in writing 
to the party whose lands are intended to be taken, or to 
bisa^nt, that the said lands are required for the purposes 
of the town under this Act, and shall request the party 
whose land it is proposed to take or occupy to appoint one 
srhitrator, and the council shall appoint one arbitrator, and 
the two so chosen shall appoint a third arbitrator, and the 
arbitrators^ appointed shall proceed to determine the 
damages {if any) and award the same to be paid to the 
owner or occupier as the case may be, whose award or the 
award of any two of them, shall be final and conclusive, 
provided the town council decide to take such lands, and 
thereupon the town shall pay and satisfy within six months 
to those entitled to receive the same, the full amount of 
such award or valuation, and immediately upon the pay- 
ment or tender of the sum awarded as aforesaid to the 
owners, or in case of dispute, to such parties as the court or 
ajndge shall direct, the town shall be and be deemed the 
rightful purchasers and owners in fee simple of such lot or 
parcel of land, with the appurtenances, if the said award be 
for the purchase thereof, or otherwise the tenant thereof for 
such term as in such^ward set forth ; and in case the pro- 
prietor of such lands neglect or refuses to appoint an arbi- 
trator within thirty days after due notice as aforesaid, or in 
ease ike proprietor cannot be founds or is absent and has 



360 49 Vic. CHAPTER 98. 1886. 

no known ap^ent residing in the Province, a judge of the 
supreme court may appoint such arbitrator, who sha)! be 
disinterested and not a resident of Kenlville. If the town 
council have reason to fear any claims or incumbrances, or 
of any party to whom compensation is payable cannot be 
found, or is unknown, or if for any other reason the council 
deems it advisable, the council may pay such compensation 
into the office of the prothonotary of the supreme court for 
the county of Kings, with the interest thereon for six 
months, and may deliver to the prothonotary aforesaid a 
copy of the award, and such award or a certified copy 
thereof shall thereafter be deemed to be the title of the 
town to the property therein mentioned. 

senice p^, 168. The service pipes for water supply to houses, build- 

carried, ings, or establishments, which are to be supplied with water 

under this Act, shall be carried from the main to the side 
line of the street at the expense of the town when requested 
by notice in writing from the owner of any house or build- 
ing opposite to which a main is laid, and all beyond that 
distance at the expense of the owner or lease-holder for life 
or term exceeding five years of the premises so supplied. 

Annual income, 169. The monies accruing from the annual income of 
ed7 *'*'*'^^ ***' water supply shall be appropriated and applied in the firat 
place to discharge the current expenses incurred in carrying 
on the system of water supply and sewerage of the town, 
and in the next place towards the payment of interest on 
debentures issued for water supply, and any surplus of 
income remaining after paying said expenses and interest 
shall be appropriated to the payment of saidHlebentures, 
and in case the whole income arising from said water 
' supply shall not be suflScient for the purpose of paying the 
said expenses and the interest on said debentures, the 
deficiency shall be made good and supplied by an annual 
assessment on the real and personal property in that portion 
of the town lying within the following limits : Com- 
mencing at the Cornwallis river at the north-east corner of 
lands owned by Herbert Dennison, thence southerly by 
Herbert Dennison*s east line to railway crossing, thence 
crossing the post road to north-west corner of lands owned 
and occupied by Judge Blanchard, thence southerly by 
Judge Blanchard's west lino until a point opposite and in a 
line with the south line of J. W. Ryan's land is reached, 
thence in a south-easterly direction aiiJ in a direct line to 
the south-west corner of lands owned and occupied by 
Henry Lovett, thence by Henry Lovett s south line to the 
Eentville brook, thence northerly by said brook to Minnie^a 



188a CHAPTER 98. 49 Via 361 

dam, thence across the dam and by William Craven'n south 
line to the Canaan road, thence easterly across lands of 
Wiiliam Eaton and in a direct line to Thomas Taylor's 
south line, thence by said south line to the south-cast 
comer of said Taylor's land, thence northerly by Taylor's 
east line to the post road, thence crossing the road to the 
80uth-west comer of " Oak Cemetery," thence northerly by 
west line of " Oak Cemetery" and by the west line of John 
Tull y's dyked lands to the Cornwallis river, thence westerly 
by said Cornwallis river to the place of beginning. The 
town council may amend, alter or vary the said limits so as 
to provide that the property to be assessed under this 
section, shall be as far as practicable within the area served 
by and receiving benefit and protection from the water and 
sewerage system, or either of them, such amendment, altera- 
tion or variation shall not come into effect however until 
approved by the Governor- in-Council. A. careful estimate 
of the amount or sum of money which may be required to 
make good such deficiency shall be made in each year, and 
shall be assessed by the council on the said property, and 
the said rates shall be collected in the same mannier as other 
rates of the town are collected. 

170. The assessors of the town, when making up the Aiiewment for 
assessment roll, shall set down in a separate column the ^*'*""^'*^* 
value of the property lying within the said limits liable to 

be taxed for the purposes of this Act. 

171. The council shall have full power to make suchc^pdi may 
by-laws, rul^s, and regulations as they shall deem requisite"* 

or necessary for regulating the supply of water, and the 
payment and collection of water rates and assessments, and 
the manner and form of issuing warrants theiefor, and for 
preventing any person supplied with water from wasting, 
vending, or improperly disposing of the same, and also 
regarding every matter or thing which may be necessary or 
expedient to regulate or direct the carrying out of the pur- 
poses of this Act, and in order to secure to the inhabitants 
of the town a continued and abundant supply of pure 
vater, and to prevent frauds being practised, and may en- 
force observance of such rules, regulations, and by-laws, by 
attaching penalties thereto, not to exceed in any one case 
the sum of forty dollars, or three months' imprisonment with 
labor in the county jail, which may be recovered in the 
police court of the town, in the name of the town, from 
vhica there shall be no appeal. Said by-laws, when 
approved of by the Governor-in-Council, shall have the 
iorceof law, and shall and may be acted upon as though 



362 49 Vic. CHAPTER S8. 1886. 

forming part of this Act. The production of a copy of 
said by-laws, purporting to be certified under the hands of 
the warden and town cletk and the seal of the town, shall 
be sufficient proof thereof in any court of justice. 

COURTS AND POLICE. 

Swi^courf""*' ^'^^* There shall be in the town a municipal court for 
the trial of civil causes to be called the Municipal Court of 
Kentville, aiid to be presided over by the recorder. 

stT^mfi*"^ 17*l The town council shall appoint a suitable person 

Mi«MratZ to be recorder and stipendiary magistrate of the town, who 
shall hold office during ^ooA behavior. He shall be a 
barrister of the Supreme Court of Nova Scotia of at least 
two years' standing, and shall on being so appointed become 
eX'Ojfficio a justice of the peace. In case of his temporary 
absence from the town or of his incapacity through sickness, 
interest, or otherwise to perform his duties, the council may 
appoint a barrister to act as recorder and stipendiary 
magistrate in his stead during his temporary absence or 
incapacity, and the pei'son so appointed shall during his 
absence or incapacity perform the duties of recorder and 
stipendiary magistrate within the town. The recorder 
shall, before entering upon the dutie» of his office, be sworn 
before the warden or a councillor to well, truly, and faith- 
fully to the best of his ability perform the duties of his 
office. 

Clerk of Court 174. The town clerk shall be the clerk of the municipal 
court. 

Jurisdiction •« 175. The municipal court shall have jurisdiction, cog- 
nizance and power to try and determine in a summary 
way, without a jury, all civil actions or dealings ex contractrt 
in which the cause of action does not exceed eighty dollars, 
or where there is a balance not exceeding eighty dollars 
upon accounts stated and settled previous to suit, and all 
civil contracts where the amounts originally due has been 
reduced to eighty dollars or less by payment of cash, and 
when the defendant shall prove a set-oflTof equal or greater 
amount than the plaintiff has proved, may give judgment in 
favor of the defendant for his costs, or for the balance found 
to be due him, as the case may be, provided said balance does 
not exceed eighty dollars, and shall also have jurisdiction, 
cognizance and power to try and determine in manner 
aforesaid all suits in the name of the town as plaintiff for 
the recovery of rates and taxes payable to the town what"> 
ever the amount thereof may be, and shall also have, possess 



188& CHAPTER 98. 49 Vic, 36$ 

ind exercise all thfe power and jurisdiction in civil matters 
conferred by law upon one or two justices of the peace or 
BtipenHiary noagtstrates, and shall have power to issue 
process into and have the same served in any part of the 
province by any constable of the town or county in which 
the process is served. 

176. Suits may be brou(]^ht in the municipal court in Suits broughi 
the name of the t^iwn as plaintifi for the recovery of rates '^^"^ ***** 
and taxes payable to the town» in the same manner as other 

sttits. 

177. All writs of summons, capias, execution and writa,^ wiwm 
subpoHia issued out of the municipal court, shall be pre- ****** 

pared by the town clerk or his deputy, and sealed with the 
^eal of the municipal court, and may be directed to any 
constable of the town or county where the same are to be 
served or executed. Writs of summons and capias issued 
out of the municipal court may be made returnable on any 
day other than Sunday or a holiday, and shall be served on 
the defendant at least five days before the day of trial when 
served within the county in which the town is situate, and 
at least ten days before the day of trial when served outsido 
of the said county, provided that when a writ of summons 
has been served the requisite number of days before the 
trial a writ of capias in the same cause may be served and 
executed at any time before the trial. 

178. The municipal court in respect to all matters and B^dusWe juri». 
causes over which the said court has jurisdiction conferred **^**^^ 

upon it by this Act, where the cause of action arovse within 
the town and where the defendant resides within the town^ 
Bhall have exclusive jurisdiction, and no suit or action 
respecting such matters or causes of action shall be brought 
in any other court than the municipal court, or before any 
justice or justices of the peace, except that nothing herein 
contained shall abridge or in any way interfere with the 
jurisdiction whether original or appellate of the supreme 
court or county court. 

179. The municipal court shall use as its process writProce« w^bjr 
of summons, capias, execution and subpoena in the forms in ^*^* 

the schedule to this Act contained, and such other forms as 
ihe recorder may order. Where forms are prescribed slight 
•iterations therefrom not affecting the substance nor 
calculated to mislead shall not vitiate them, 

180. When a party applies to have a writ of summons Partiouiaw. a 
^J" Capias issued out of the municipal court, he shall file a**^^ 



364 



49 Vic. 



CHAPTER 98. 



188S. 



statement in writinor containing the particulars of his cause 
of action on which the writ is to issue and the cause is to 
be tried, with as many copies of the same as there are 
defendants, in order that a copy of such particulars may be 
attached to every copy of the writ to be served on the 
defendants. 



Action, how 
commenoed. 



Coneuifcni 



Action against 
several defend- 



181. Every action shall be commenced by writ of 
summons or capias. The copy of every summons or capias 
served on the defendant shall have annexed thereto or 
endorsed thereon a copy of the particulars of the plaintiffs 
claim or cause of action, and a notice signed by the clerk 
stating that if the defendant does not appear and file his 
grounds of defence and the particulars of his set-oflT, if any, 
with the clerk, and serve the same on the attorney of the 
plaintiff, if named in the writ, or at the address of the 
plaintiff if any such address be named in the writ, at least 
forty-eight hours before the time named in the writ for the 
trial, the plaintiff shall be entitled to judgment for the 
amount claimed in his particulars, with costs. 

182. Where there are two or more defendants residing 
in two or more different counties concurrent writs of 
summons or capias may be issued. 

1S3. Where an action is brought against two or more 
defendants and they reside in two or more different 
counties, or one or more of such defendants cannot be found, 
one or more of such defendants may be served with process, 
and the action may be proceeded with against such 
defendant or defendants as have been served, and judgment 
may be entered up against the defendant or defendants so 
served. 



Oouit, when to 
«it. 



Matters o< 
4lefeiioe^ 



184. The municipal council shall sit for the trial of 
causes on every Friday (holidays excepted} and such other 
days as the recorder shall from time to time appoint, com- 
mencing at such hour as the recorder shall by rule published 
in one or more newspapers in the town, if any, appoint, and 
may sit by adjournment from day to day until all the 
causes on the docket for trial are disposed of. 

185. AH matters of defence to any suit in the muni^ 
cipal council shall be set out in writing, briefly stating the 
several grounds thereof, and entitled in the cause, or 
indicating in some sufficient manner the cause to which it 
refers, and shall be signed by the defendant or his attorney, 
and where there is matter of set-off pleaded the same shall 



CHAPTER 98. 49 Vic. 365 

contain fall particulars thereof, and the said defence and 
set* off shall be tiled with the clerk of the court at least 
forty^eight hours before the time named in the writ for 
the trial of the cause, and shall also within the like period 
be serred on the attorney of the plaintiff if named in the 
nrrit of summons, or at the address of the plaintiff if such 
address be named in the summons. 

186. All judgments in said court shall he entered up JudginKnto. boir 
by the clerk and signed by the recorder. ■**"***" 

187. If the defendant pleads a tender before action he xoney patd into 
shall pay the money to the clerk when he files his grounds 

of defence, and if on the trial of the cause it appears that 
the defendant tendered the money to the plaintiff before 
action, and the same was sufficient to satisfy the plaintitf s 
claim., the defendant shall be entitled to his costs, which 
shall be deducted from the amount paid into court, or may 
be recovered from the plaintitf by execution. 

188. Where the defendant pays money into court and Mon«y to b« d^* 
the judgment is for the plaintiff, the amount paid into^"®**** 
court shall be deducted from the amount due the plaintiff, 

and the judgment shall be entered up for the balance due 
the plaintifl and costs. ^ 

189. Judgments in the municipal court shall bear JudgmtntB to 
interest from the date of entry. 

ISO. No judgment or other proceeding had or made Not to be 
concerning any matter or thing in the municipal court shalP"****' 
be quashed, vacated, or set aside for any matter of form. 

191. Where a judgment is entered against two or more BsecAtkm, hoir 
joint debtors, execution issued thereon may be levied on *^* 

the joint or separate property of the defendants, and on the 
person of any one or more of the defendants. 

192. Where a defendant keeps concealed in order ^^ J^J^JJ**"* 
avoid service of a writ of summons the same may be served ^" 

by the constable leaving the same at the place of residence of 
defendant, and the same shall be deemed sufficient service 
if the constable making the service shall make affidavit 
that he attempted to effect service thereof on the defendant, 
and that he was unable to effect personal service on account 
of the defendant keeping himself concealed in order to 
avoid service of the summons on him. 

193. Execution may be issued in the form in the Kxjgrtiwi •• in 
whedttle to this Act, upon such judgment at any time*^ 



see 49 Vie. CHAPTER 98. 188^ 

within five years after the signing thereof and aiids and 
pluries executions may be issaed within said period. 

t>efetidatit,wbeii 194^ It shall be lawfnl for the recorder^ upon such 
"**^ terms as to costs or otherwise as he may think fit) at any 

time within one year after final judgment, to let in the 
defendant in any action to defend the same, upon an appli^^ 
cation, supported by satisfactory affidavits accounting for 
non<>appearance and disclosing a defence upon the merits 
with the particular grounds thereof^ and affidavits shall 
be received in reply » unless the recorder shall otherwise 
order. 

tistofcAMesfor 19^. The clerk shall make out a list of the causes for 
****** trial in each term, placing the causes on the said list in the 

order of the issue of the writs, and the causes shall be tried 
in the order in which thej' stand on the said list> unless the 
recorder shall otherwise order. The list shall only be called 
once during each terfn. The recorder may, however, in his 
# discretion continue a cause to such other term as he shall 

name, or may }*&% down a cause for trial for a certain day. 

o>ntimi«»«e, 196. The continuance of a cause to another term shall 

ow«i«ii . ^^ ^ granted at the instance of the plaintiff or defendant 
unless upon an affidavit stating some reasonablu' and sul> 
stantial reason for the continuance, and the affidavit on the 
part of the plaintiff shall aver a good cause of action, and 
that on the part of the defendant shall cover a good and 
substantial defence on the merits, and the recorder shall be 
at liberty to impose such terms in the rule for a continu-^ 
ance as he shall deem just 

xkfUkri iiMy tA- 197. Whenever, by reason of sickness or unavoidable 
^""** absence, the recorder cannot attend on the day the muni'^ 

cipal court is to be held, the town clerk shall ati^ourn the 
court to such day as he may deem convenient, and the 
court shall be held on that day, and the causes on the list 
for trial will stand for trial on the day to which the court 
is so adjourned. 

otuwB,fekow 198. Causes shall be tried in a summary way in the 

^ * municipal court upon the viva voce testimony of witnesses, 

or by the depositions of witnesses, aged, infirm, or about 

to leave the town, taken as herein provided, upon the same 

I rules of law, and subject to the same defence as in the 

Supreme Court. 

iwtiOT Diky mp- 199. Parties may prosecute and defend in person or by 
p«ar in i>«raoo. i^^Q^eys of the Supreme Court, and the recorder may in 



1886. CHAPTER OR 49 Vic. 367 

his discretion permit causes to be Advocated in court by 
others than regularly admitted attorneys. 

200. Executors and administrators may sue and be Bxecutors, &c., 
sued in the municipal court, and the judgment and execu*"^'"** 
lion shall have the like effect as judgment and execution 
in the Supreme Court. 

201* When an action is brought in the municipal court whewi^urtha* 
which the court has no jurisiiction to try, the recorder"** 
shall give judgment of non-suiti and the defendant shall be 
entitled to enter judgment for his costs, and have execution 
therefor. 

202. In any cause in the municipal court, the deposi-Dcpotitlon, how 
tion of any witness who is about to leave the county, or 

who is aged, infirm or otherwise unable to travel, may be 

taken before the recorder, or any barrister, or commissioner 

of the Supreme Court, on twenty^four hours' notice being 

given by the party who wishes the deposition taken to the • 

opposite party, and the deposition so taken shall forthwith 

be filed with the clerk and may be read in evidence on the 

trial of said cause ; subpoenas may be issued to compel the 

attendance of witnesses before the recorder or such barrister 

to be examined, and in case of disobedience to the command 

in such subpoena a warrant may issue under the hand of 

the recorder in the form in the schedule to this Act con*- 

tained. 

203. If the plaintiff or any person on his behalf shall CApUa, how 
before, at, or after the commencement of an action in the *"*"**** 
inunicipal court make an affidavit that the defendant is 
indebted to the plaintiff in a sum within the jurisdiction of 

the municipal court, that the defendant is then within the 
county io which the town is situate, and that the deponent 
has probable cause for l)elieving, and does believe, that the 
defendant is about to leave the said county, and that he 
fears the debt will be lost, unless such defendant is forth«- 
witb arrested, the plaintiff shall be entitled to have a writ 
or writs of capias issued out of the municipal court for the 
arreHt of such defendant. And in said affidavit the grounds 
of the deponent's belief shall be stated. 

204. The constable to whom said Writ of capias is Arrest of defena* 
deliveied to be served, shall forthwith proceed to arrest*"*" 

Buch defendant, and shall convey him to the county jail or 
lock>upin the town, and he shall there be detained in 
custody unless and until he shall give a bail bond to the 



368 49 Vic. CHAPTER 98. 1886. 

plaintiff, with sufficient sureties conditioned for the appear- 
ance of the defendant in the municipal court, at the time 
named in the said writ of capias, or the payment of the 
amount of any judgment which may be finally rendered 
against the defendant in the said cause, or shall make 
deposit of the sum claimed in the plaintiff's particulars 
attached to said capias, together with five dollars for costs, 
and the constable shall forthwith upon the execution 
thereof, or when the same is not executed then on the 
return day thereof, make return of said capias to the town 
clerk, with his doings thereon, and on the day appointed 
for the trial of said cause, when the defendant has filed his 
grounds of defence and off-set, within the time herein 
prescribed, the defendant shall, if he demand it, he brought 
up before the municipal court by the jailor or by a con- 
stable or officer of said court, in order that he may be 
present at the said trial, and the defendant shall be and 
remain in custody during said trial, and if judgment be 
given against him for any sum, unless he shall forthwith 
• pay the same, he shall be reconveyed to jail. But should 

be appeal from the judgment, he shall on perfecting his 
appeal be discharged from custody. The constable, jailor 
or officer conveying the prisoner to and from the court 
shall be entitled to fees therefor as set out in the schedule 
to this Act and the sheriff shall not be liable for an escape 
of the party while out of his actual custody under this 
section. 

dirndimt*** ^^^* ^°y person arrested under a capias may negative 

by affidavit or oath before the recorder the fact of his being 
about to leave the county, and upon such affidavit or oath, 
if uncontradicted, the recorder may order his discharge 
from custody, or order the bail bond to be delivered up to 
be cancelled with costs, in the discretion of the recorder, 
which costs if allowed shall be costs in the cause. - 

8ubfl«)ttent pro* 206. Where a person has been arrested under capias 
*°^* issued out of the municipal court, the subsequent proceed- 
ings, including rendering of such person in discharge of his 
bail, where not herein otherwise provided for, shall be 
similar to proceedings in the Supreme Court in like cases. 

^ney pdd into 207. The defendant may at any time before trial pay 
to the town clerk the amount which he considers sufficient 
to satisfy the plaintiff^s claim and the costs then incurred, 
and give notice thereof to the plaintiff, and thereupon the 
plaintiff may accept the same in satisfaction thereof, or if 
the plaintiff does not consider the sum paid into court 



l«8fc CHAPTER 98. 49 Vic 369 

sufficient to satisfy his claim and the cost<) imsurred, he may 
give the defendant notice that the sura paid into court is 
not sufficient to satisfy* his claim and costs, and if on the 
trial of the said cause it shall appear that no more is due 
to the plaintiff than the sura paid into the court, the 
defendant shall be entitled to judgment for his costs 
incurred after such payment. 

208. The party swoceedin^ shall in all cases be entitled P»r^ JS^ 
to his cost^ whkh shall be taxed and allowed by the <^ta!" 
recorder. 

209. The municipal court shall have the same powerPoweroiwneod- 



neat. 



of amendment of proceedings therein as the Supreme Court 
or a Judge thereof .has in cases in the Supreme Court. 

210, The municipal court shall have the same po^o* JJJJ^'"^ 
and jurisdiction to issue subpoenas for the attendance of*" ***"*** 
witness to give evidence on the trial of causes therein as is 
possessed or exercised by the Supreme Court, and any 
witness who shall have been duly served with a subpoena 
to attend said court and shall neglect to attend according 
to the command in said subpoena, or shall refuse to be 
sworn or give evidence when in court, and any person who 
being in court shall refuse when called upon by the clerk 
of the court to be sworn or to give evidence, shall be liable 
to a penalty of not more than fifty dollars, and in default 
of payment thereof shall be imprisoned in the county jail 
for a period not exceeding ninety days. 



211. Any oath required by the practice of the muni- oath. by whom 
u court to be i 
morder or clerk. 



cipal court to be administered, may be administered by the*^"**""**"^* 



212. Any affidavit required by the practice of the Affld*vit, before 
municipal court may be sworn before any recorder or town^ mfwor». 
derk or justice of the peace, or before a commissioner of 

the Supreme or county court. 

213. The recorder shall have power to frame and make Recorder to 
allHuch rules and regulations and forms not inconsistent"**'*"^*^ 
with this Act or repugnant to law, as shall be necessary to 
r^ulate the practice in the municipal court. 

214. Any party dissatisfied with the decision of the Appeal, how 
wcorder in any case tried in the municipal court, may'^" 
appeal therefrom to the county court, and in case of an 

appeal the appellant or in his absence his agent, before the 
appeal shall be allowed, shall make an affidavit in writing 
24 



S70 49 Vic. CHAPTER 98. 1886. 

that he is dissatisfied with the judgment and feels ag^ieved 
thereby, and that such appeal is not prosecuted for the 
purpose of delay, and shall file the same with the justice ; 
and the party so appealing, or in his absence his agent, 
shall, within ten days after the judgment, enter into a bond 
with sufficient surety in a penalty not less than double the 
amount of the judgment, and not less in any case than 
twenty-five dollars, with a condition that the appellant 
shall enter and prosecute his appeal and perform the |udg« 
ment of the court, or render the body of tne appellant and 
pay the costs accruing on the appeal ; or shall before the 
first day of the term of such court pay the amount of the 
ludgment together with all costs thereon subsequently 
accruing, and the clerk, if thereto required, shall prepare 
the affidavit and appeal bond ; which a{)peal, if applied for 
at any time within ten days after judgment in such cause, 
the recorder shall le bound to grant, returnable to 
the next term of the county court in the county in which 
the trial was had ; and execution, if not issued when the 
appeal is applied for, and the appellant or his agent shall 
make or be ready to make the affidavit, shall be stayed ; 
but in such case, if the defendant have given bail, his 
bail shall continue liable, notwithstanding his personal 
appearance, until they shall render him, or he shall give 
an appeal bond within the ten days herein prescribed; 
and if execution has issued before the appeal is applied 
for. it shall be stayed on the same being perfected, on the 
order of the recorder to be granted at the instance of the 
appellant and duly served upon the constable. 

^orrtiMmaj 215. The sureties to the appeal bond shall have the 

E"* ower to render the appellant, and the sheriff shall be 

ound to receive him at any time after the trial de novo, in 
the same manner as defendants are now rendered by bail 
to a capias issued out of the Supreme Court. 

PfeMn,towhon 216. In case of appeal the town clerk shall, not later 
**° than one week after the perfecting of the appeal, return ta 

the clerk of the county court all the papers in the cause, 
together with a transcript of the judgment, and the 
affidavit and appeal bond, and a memorandum, so far as the 
same may be ascertained, of the costs to which each party 
would have been entitled in the municipal court in the 
event of judgment having been in his favor. 

ProoMdiBgiin 217. The proceedings on appeals from the municipal 
court shall, where not otherwise herein provided, be the 
same as the proceedings on appeals from the decisions of 
Justices of the peace in civil cases. 



1886. "CHAPTER 98. 49 Via STl 

218. The testimony of a witoeas in custody may te^'^S?'*" 
taken in any cause pending in Itie ^municipal court, in the^ 
same way that the evidence ot <a witness in custody may 
be taken in the KKmnty court, and for that purpose the 
section of the " Act to amend and consolidate the Acts 
relating to County Courts " shall apply to the municipal 
•courts, the word ** recorder "being substituted for "judge," 
and the words '• mvnioipal court " for " county court." 

210. The constable to whom an execution issued outDu^ofooneu. 
of the municipal court is delivered to be executed, shaH^^^ 
execute the same in the way sheriff?* are %y law required to 
execute writs of execittion issued out of the Supreme Court, 
and for that purpose are hereby invested with all the 
power and authority within the county or town for which 
they are appointed; or httve jurisdiction which sheriffs have, 
possess and exercise within their respective bailiwicks. 

220. All policemen and constables appointed by the Policemen to 
town council shaM have power to serve and execute process ■*'^* ^"*'**' 
issued out of the municipal court or by the stipendiary 
magistrate anywhere in -the county in which the town is 
situate. 

221. All executions shall be made returnable in thirty Exeoation,wheB 

days. returnable. 

. 222. Any policeman or constable who shall neglect or Forfeititre (or 
refuse to serve, execute or make return of any summons, "*****" 
capias, subpoena or execution^ shall on summarv conviction 
thereof, forfeit a sum not exceeding twenty dollars, and in 
default of payment shall be imprisoned in the county jail 
for a period not exceeding thirty days. 

223. in case of process or^proceedings being issued or court not u»we 
taken inadvertently in any case where the municipal court 

-or stipendiary magistrate has not jurisdiction, the members 
and officers of the court shall not be liable to any action 
for damages. 

224, Where auy person is committed to jail under inwiventdebt- 
"capias or execution issued out of the municipal court, the**"** 
benefit of the law that may be in force for relieving insol- 
vent debtors from prison may be extended to said person 

by the municipal court or the recorder, and the proceJure 
«hall be the same as nearly as may be as provided in chapteir 
118, "Of the relief of indigent debtors confined in jail.* 



372 49 Vic: CHAPTER 98. 188e. 

ffid^clTii ^^^' "^^^ ^**^® ^^^ ^^®® ^^ ^^ taxed and allowed ia the 
"° P** '^ • muDieipal courts, shall be a» follows i — 

Summons or capia». »•• S .50 

Each copy do 25 

All atiiavitsfor capias or other purpose, 

each . , 25 

Sobpoena. » • .30 

Ticket .20 

Swearing each witness , ,.• .10 

Trial and judgment, when over $40 1.00 

tt n II under $40 50 

Rules or orders, each . . . • , ^.. .20 

Copies,each *-. JLO 

Appeal bond * » .60 

Transmitting appeal 25 

Witnesses fees to be tbe same as in the magistrate's 
court 

CONSTABLES? FEESc 

Serving summons or capias and making 

return,. $ .20 

Bail bond 50 

Attending trial with prisoner under capias. .50 

Serving subpcena * .20 

Serving execution and return .20 

Poundage on execution, when sale. . 5 p. c. 
H II when paid . . 2^ p. e. 
All travelling on service of summons, capias, 
execution and subpoena, &c., to be travel 
actually and necessarily performed 
by constables or other officer, per mile 
each way .05 

Any person taking greater fees for tbe services herein 
prescribed, shall for each offence forfeit the amount of $30 
to the person aggrieved, which sum with such excessive 
fees, may be recovered by him in an action of debt« 

POLICE ADMINISTRATION. 

Af»pointftieiit oi 226. In case of riot, tumult or dii^urbances or illegal 
t||^ai consta- ^^|. ^j ^^^ kind, accompanicd with force and violence, 
within the precinct of the municipality, or a just appre- 
hension thereof, the warden, stipendiary magistrate, or any 
one or more of the councillors, may by writing under their 
hands, appoint any number of special constables to assist 
in preserving peace and order. 



1-88G. CHAPTEU t)8. 49 Via 878 

227. Soch special constables shall be under tke direc- ^^^^ 
tion and control of tke cominittee of police. ^^ 

228. The warden or any member of the eemraittee of v^be«worniB. 
police 4Bay swear in such special constables to the faithful 
discharge of their duties. 

229. The appomtment of such special constables «hall AmMtnted for 
continue in force for the space of seven dajs from the -date^ ^^^ 
of such appointment, unless sooner revoked by the •com- 

iQittee on polic& 

230. In<»'5e any disorder or disturbance shall occur Disorder at pub- 
4it any pubGc meeting or assemblage of persons, the warden, °™*®'"'* 
stipendiary magistrate or any councillor of the town, upon 

the request of the -chairman of such meeting or of three or 
more fieeholders, may verbally appoint and swear in special 
•constables, who shall aid in restoring and preserving order 
and peace at such meeting or assembly, and shall be under 
the control of the warden, stipendiary .magistrate or any , 
member of the council 

^1. Any person a{>peinted a special constable who Penalty for re- 
«hall refuse to act or be sworn do, shaU be liable to a penalty '"'"°*^ ******''' 
3)ot exceeding ten dollars. 

232. The council may from time to time, appoint <such zztrBoouubiei 
Dumber of extra constables as they may deem necessary^ 

and for such period, not exceeding one month, as they 
«hall deem requisite. 

233. Each extra constable ghall be sworn in before the Shan be iworii 
warden, stipendiary magistrate or any of the councillors, to "" 

the faithful discharge of his duties while he shall eontinue 
to be an extra -constable. 

234. The council -may compensate any extra constable May be eompen- 
for loss of time when-called out for special duty, but in no***^' 

other ease. 

235. The extra constables shall be under the direction shairaadtt 
«id controfl of the committee of pdice ; they shall assist the^"**""*"* 
policemen in any of their duties. 

236. On the request -of the warden, stipendiary raagis- shaii eenre pro- 
twite or committee of police, they shall serve any summons**"' 

or execute any warrant emanating from the police office or 
^J^unicipal court, or perform any duty that a policeman has 
Authority to 4o. 



SJ74 



49 Tia 



GHAPTER 98i 



I88(L 



Penalty for non*- 
attendance. 



In cafie of an actaal breach of the peace occorring ia> 
their presence, they shall interfere to preserve order, and 
if necessary arrest wrong doers and convey them to the* 
Ibek-up or gaol. 

In eases of larceny, or al^teged larceny^ the extra con- 
stables shall have power to act in prevention, or otherwise, 
and in cases of violent removal of goods, or violence as to- 
property in houses er the possession thereof,, shall have 
power to assist in keeping the peace. 

237. Any extra constable so appointed, who* shall not^ 
attend at the police office at such time as he shall be> 
notified for the purpose of being sworn m, or who sbalt 
refuse to take the oaths shall be liable tc a penalty of not 
less than ten or more than forty dollars, and in default of 
payment shall be subject to imprisonment in the lock-up- 
or county jail for a period of not kss than teo or more- 
than sixty days. 

SMwtoMee!**'* ^^^' ^" ^*®® ^7 persons are found by the poKceraen 
or extra constables in the act of defacing, injuring or 
destroying any bridge or public property, or trees on any 
street,, lane, or public or open place, or in the front cf any 
house or building, whicb have been growing or placed there- 
for shade, ornament or other purpose,, or discovered digging" 
tip or removing any of the soil of the common, of defacing 
or injuring the exterior of any house, building or fence, or 
the shutters or the appendages thereof, or in writing any 
obscene or profane words on any fence or building,, the 
policemen or extra constables shal) arrest snch trespa^^ssera- 
if they are unknown persons, and take them to the ^ock-up 
or jail, and detain them there in order to ascertain their 
names, giving immediate notice to the warden, stipendiary 
magistrate or committee of police, and if the parties so- 
caught are known, shall report the fact, with the names 
and residences of the parties, to the warden, stipendiary 
magistrate or committee of police,, without making any 
arrest. 



Pouoeoffloe. 239. There shall be in the town a police office, to be- 

established by the town counefl, where all the police busi- 
ness of the towB sbaN be transacted. 



stipendiary 
gUtrate's dutj. 



M»- 



240. The stipendiary magistrate shall attend at suck 
police office daily, or at such times and for such period as 
niay be necessary for the disposal of the business brought 
before him as a justice of th^ peace or as a stipendiary or 
police magistrate^ and shall bave„ possess and exercise alt 



188ff. CHAPTER 98. *9 Via 878 

the jurisdiction, power and authority nec&ssary for the 
apprehension, committal, conviction and panishment of 
criminal offenders within the town over which justices of 
the peace, stipendiary and police magistrates have jurisdic- 
tion, and for the carrying intty effect the provisions of this 
Act, and of the laws in force in and the by-laws and 
ordinances of the town, provided, however, that in case the 
stipendiary magistrate is temporarily absent from tlie town, 
or 18 unable through sickness or otherwise to attend at the 
police office, the council may by resolution appoint an 
acting stipendiary magistrate, who shall during such tempo- 
rary absence, sickness or the continuance of such other 
disabling cause, shall have all the power, jurisdiction and 
aotbority of the stipendiary magistrate, and in ca^e no 
each acting stipendiary magistrate is appointed by the 
council, the warden or a councillor of the town may, on 
the request of the stipendiary magistrate, attend at the 
police office and shall perform the duties of the stipendiary 
magi$$trate during his absence or incapacity, and the warden 
or councillor ho acting in the place of the stipendiary magis-> 
Crate shall have all the jurisdiction, power and authority of 
the stipendiary magistrate. 

241. The town clerk or such other person as the council cieric of poUo« 
shall appoint for that purpose shall be the clerk of the°"^* 
police office, and shall perform the duties of clerk of the 
stipendiary magistrate. 

242. There shall be kept in the police office by the clerk Pouoe oOee 
thereof, a book to be called the ' police office record book,"'****^ 

in which shall be set down the names of all person? against 
whom charges are made in said office, the name of the 
person making the charge, the offence charged, and the 
manner in which, and the person by whom, the said charge 
is disposed of. 

243. All actions and prosecutions for penalties for thei>«itie8ofsti. 
breach of any of the provisions of this Act or of any Act^rat^ 
which may bo hereafter passed in amendment thereof, or 

of any Act of the Legislature of Nova Scotia in force in 
the town, or of any by-law or ordinance of the town, may, 
when not otherwise herein provided, be prosecuted by the 
town or any officer thereof, or any person who may prose- 
^te therefor, and shall be laid by information or coraf laint 
hefore the stipendiary magistrate of the town, who is hereby 
tnvested with full jurisdiction, power and authority to hear, 
^fji and determine in a summary way, without a jury, all 
«ueh prosecutions, and do all such acts, matters and tbingsi 



S76 49 Vic. CHAPTER S8. 188ff. 

as are required or necessary to be done, to enforce and col- 
lect such penalties and forfeitur&s, and when not otherwise 
herein provided the like proceedings shaU and may be had 
and taken for enforcinjsf and recovering the said penalties 
and forfeitures, compelling the attendance of parties or wit- 
nesses, hearing the eomplaint, and for the conduct of the 
court, the taking and estreating of recognizance, and the 
infliction of the punishments, and otherwise in respect 
thereof, and the stipendiary magistrate shaH perfoFm the 
like duties in respect thereof, and in respeet to any con- 
viction or order made by him, by virtue of this Act, or 
of any in force in the town, or by-law of the town as under 
the statutes of the Dominion of Canada then in force, might 
be had and should be performed, if such penalty or punish- 
ment had been imposed by a statute of the Dominion of 
Canada, provided, however, that appeals frora^ the decision 
of the stipendiary magistrate shall be to the county court 
of the county in which the town is situate. Provided, also, 
that it shall not be necessary for the stipendiary magistrate 
to make an}' return of convictions made by him as aforesaid 
to the clerk of the county court or to the clerk of any 
other court, but said convictions shall be filed in the 
police office, and a certified copy thereof made by the town 
clerk shall be evidence thereof in any court upon the trial 
of any cause, information and indietment. 

urortee''&c^ 244. All fincs, forfeitures, and fees collected or received 

in the stipendiary magistrate'^s court or in the police oflSce 
of the town, shall be paid into and form part of the general 
revenues of the town. 

^^•* onnec^ 245. It shall not be necessary in any conviction made 
"^^ **" under this Act, or any Act in amendment hereof, or under 
any Act in force in the town, or under any by-law or ordi- 
nance of the town, to set out the information, appearance 
or noA-appearance of the defendant, or the evidence or 
by-law under which the conviction is made. 

CMtemaybe 246. In all cases of summary convictions or orders 

made by the stipendiary magistrate for the recovery or 
enforcement of forfeitures and penalties incurred under this 
or under any other Act of Nova Scotia, or under the by-laws 
of the town, he may award and order in and by his convic- 
tion or order that the defendant pay to the prosecutor or 
complainant such ^osts a^ the stipendiary magistrate deems 
reasonable in that behalf, and when the information or 
complaint is dismissed, the stipendiary magistrate may award 
and order that the complainant or prosecutor pay to the 



1886. CHAPTER 98. 49 ViC. 877 

defendant snch costs as the said stipendiary magistrate shall 
deem reasonable. 

247. In default of payment of any fine or penalty J^/^o'^taprf- 
imposed by the stipendiary magistrate at the time named 

by him for the same to be paid, the same may be levied by 
distress and sale of defendant's goods and chattels, and in 
default of sufficient distress by imprisonment with or with- 
out hard labor for a period not to exceed sixty days, unless 
some other period is mentioned in the Act or by-law creating 
the offence, or the stipendiary magistrate may if he see fit, 
instead of issuing a warrant of distress, commit the defend- 
ant to the common jail of the county, there to be imprisoned 
for the time aforesaid. 

248. In any case brought or charge made in the police i>tac»»ge^^<J«» 
office before the stipendiary magistrate against any person 

for breach of any of the provisions of this Act, or any other 
Act of Nova Scotia in force in the town, or of the by-laws 
of the town, or in any case where the defendant is arrested 
either on view of the offence or under warrant, the stipen- 
diary magistrate may in his discretion, allow the defendant 
to go at large upon his entering into a recognizance either 
with or without sureties in such a sum as the stipendiary 
magistrate shall name, conditioned for his appearance at 
the police office at the time appointed by the stipendiary 
magistrate. 

249. The fees charged and allowed in the police office Feejjn poiic* 
shall be as follows : **" 

Information or charge $ .20 

Each warrant of summons 50 

Each copy to be served on defendants . , 25 

Summons for witness, each witness. . « 20 

Hearing complaint 50 

Conviction c 1.00 

Copies of any paper connected with trial, or 
of minutes when required, lOcts per folio 

Bills of cost ^ • .10 

Witness fees on summary trials per day 50 

Witness fees, travel per mile each way 05 

constables' fees. 

Service of summons and return 30 

Arrest 50 

Attendance before stipendiary magistrate on 

trial of complaint. • 50 

Tmvel when necessary, per mile each way . • .05 



I 



B7A 49 Vic. CHAPTER 98. 1886. 

MISCELLANEOUS. 

TowntohAje 250. The town shall have a common seal, which shall 

o^mmpn ^^ made of suitable metal, and shall have such a device 

enjBfraved upon it as the council shall order, and such seal 

shall be kept by the town clerk. 

Mt^entteatad. ^^^' ^^^ deeds or documents to which the town is a 

party and to which a seal is requisite, shall be authenticated 
by the town seal, and the warden and town clerk shall sign 
the same and affix thereto the corporate seal when 
authorized by any law or by-law, or by resolution of the 
town council. 

FeeforaflUing 252. The Warden or town clerk msiy affix the seal to 
*** any certificate or document at the request of the person 

desiring it, upon payment of such fee therefor as the town 
council shall by resolution or by-law prescribe. 

BY-LAWS AND ORDINANCES. 

olSinanow^ 253. The council may make regulations for the man* 

agement and good order of their proceedings, and may make 
by-laws to regulate the following subjects : — 

(1.) The management of such real estate as may be 
required for the public use of the inhabitants of the town, 
and of all other property of the town. 

(2.) The prevention and extinguishing of fires. 

(3.) The establishment and regulation of markets, 
market-houses and fairs, and the slaughter of animals and 
sale of dead meats. 

(4.) The protection of streets, squares, sidewalks and 
pavements, and of the posts, railings, trees and other 
defences and ornaments thereof. 

(5.) The weighing and measurement of salt, coal, and 
wood, lumber, shingles, logs, timber, and hay, straw and 
grain, and fixing the rates thereof. i 

(6.) Th^ licensing and regulation of carriages for hire, 
cartage and truckage. 

(7.) The regulation of pounds, and fixing the fees and 
rates to be taken and received by pound-keepers and 
persons lawfully driving anything to pound. 

(8.) The prevention of the firing of guns or other 
firearms, or the setting off of squibs or other fireworks, or 
the burning of combustible materials, the carrying of fire, 
lighted candles or lamps without being covered or secured. 



1886. CHAPTER 98. 4d ViC. S7ft 

'(9.) Imposing and collecting a tax on dogs. 

(10.) The prevention of the ringing of bells, shouting, 
or other unusual noises in the streets, knocking at doors or 
ringing door-bells. 

(11) The prevention and punishment of furious or 
di^rderly driving or riding on the public roads and bridges, 
and coasting thereon. 

(12.) The preventionf of the growth of thistles and 
other noxious weeds. 

(13.) The preservation of the banks of rivers. 

(14.) The establishment, management, maintenance 
and regulation of lock-up houses. 

(15.) The prevention of vice, immorality and indecency 
in the public streets, highways and other public places, and 
prevention of the profanation of the Sabbath. 

(16.) Restraining, prohibiting and licensing all exhibit 
lions, circuses and other shows for hire or profit, and the 
preservation of order thereat. 

(17.) The prevention and regulation of the going at 
large of horses, cattle, sheep, swine, goats, dogs, geese^ 
turkeys, hens and other domestic fowls, and regulating the 
care and keeping of stray horses, cattle and sheep. 

(18.) The regulation of the amount in which bonds 
shall be given by town officers concerned in the collection^ 
receipt or expenditure of money, the form thereof, the 
manner in which they shall be given, and the nature of the 
aecurity to be given when not otherwise regulated. 

(19) Defining the duties of town officers and the 
manner in which they shall account for moneys received or 
expended by them. ^ 

(20.) Regulation of the discharging and depositing of 
ballast, rubbish or refuse in all portions of harbors, rivers 
or elsewhere that are within the jurisdiction of the council. 

(21.) The licensing of auctioneers and pedlars, and 
hawkers of goods and traders who are not ratepayers 
within the town. 

254. An authentic copy of each by-law passed by the Byiawi laid b«^ 
town council shall be laid before the Legislative Assembly '''"*^'*^***'*^ 
within ten days after the opening of the session next 
following the passing thereof, and any by-law repugnant 
to the laws of the Province, or the provisions of this chapter 
shall be whollv void. 



S80 49 Via CHAPTER 98. 1886. 

j^oiationof 255. Any person who shall violate any hy-law or 

ordinance of the town shall, upon conviction thereof before 
the stipenidiary magistrate, forfeit a sum not exceeding ten 
dollars, and in default of payment thereof shall be impri- 
soned for a period not exceeding twenty days. 

ci^'iST ^ ^^^* "^^'^ ^^^ ^^^'^ ^^^ ?^ ^"^ operation unless 

come n oroe. ^^pp^Q^gj ^y ^ majority of the innabitants within the pro- 
posed limits of said town qualified to vote for members of 
the municipal council. The sheriff of the county of Kings 
shall hold a poll in the county court house in Kentville not 
earlier than the 20th day of October next, nor later than 
the 20th day of December next, for the purpase of making 
such approval, and of which poll public notice shall be given 
by said sheriff by hand-bills posted up in seven of the most 
public places in said town for at least ten days before the 
holding thereof. The voting shall be by ballot. The 
sheriff shall provide himself with a list of the electors 
within the proposed limits of said town, and a book in 
which the names of the voters shall be entered ; he shall 
keep such poll open from ten o'clock in the morning until 
four o'clock in the afternoon, within which time the votes 
shall be taken and the nauies of the voters registered. The 
hand-bills shall give notice of the hours during which the 
poll shall be kept open as aforesaid. At the close the 
sheriff shall collect the ballots and declare the result of the 
voting. The ballots shall be of paper, upon which shall be 
written or printed the word " for" or " against," the word 
" for" indicating the vote is in favor of incorporation, and 
the word *' against," that the vote is against incorporation. 
In the event of this Act being approved at such poll by a 
majority of such inhabitants qualified as aforesaid, the 
sheriff shall return and certify the same in writing to the 
Prothonotary of the Supreme Court at Kentville, and such 
Prothonotary shall file such return at his office, and upon 
and after the filing of such return this Act shall go into, 
become and be in full force, operation and effect. 

Expenwof hold' 257. The expcnses of holding the poll mentioned in the 

^ J~"- 256th section of this Act, and the expenses of holding the 

first election provided for in the 8th section, shall be a 

charge upon the town of Kentville if the Act is adopted by 

the people. 

AciaottoiapM. 258. This Act shall not lapse unless and until it shall 

**■ be voted "against" by a majority of the inhabitants 

qualified to vote upon three several occasions, at intervals 

of not less than one year upon the notice given and in the 



1886. CHAPTER 98, 49 Vic. 381 

manner provided in the immediately preceding section. 
Provided that no second or third poll shall be held by the 
sheriff except upon the requisition of not less than fifty 
inhabitants within the proposed limits qualified to vote, 
and unless this Act shall sooner be brought into operation, 
the sheriff may hold a poll on two several occasions after 
the poll provided for in the last preceding section at the 
intervals aforesaid, in the like manner and upon the like 
notice as in said last preceding section provided ; and if at 
any poll so held this Act be approved, as in said last pre- 
ceding section mentioned, by a majority of the inhabitants 
qoalified to vote as in said last preceding section mentioned, 
this Act shall upon and after the return of the sheriff being 
filed as therein provided, go into, become and be in full 
force, operation and effect. 



SCHEDULES. ^^^^^ 

A. 

Sir,— 

Take notice that you are requested to attend the Court 

of Appeal from Assessment on the 

day of A. D. 18—, in the matter of the follow- 
ing appeal (naTM of appellant and subject of appeal,) 

Dated at Kentville, this day of ■ 

AD. 18-. 

A. B., Tovm Clerk 
To C. D. 



B. 



I. A. B., of do solemnly swear that I am a 

Tate-payer of the town of , and have been such 

rate-payer for one year next previous to this day, and that 
I am of the full age of twenty-one years, and have been 
assessed on a sufficient amount of real or personal, or real 
and personal estate, to entitle me to vote at this election, 



^2 49 V^IC. CHAPTER 98. 188a 

and I have paid all rates and taxes of all kinds payable by 
me to the town of — — — — and I am assessed on property 
in this Ward. 



D. 

I^ ■-.. . ■ , ,■■■ do solemnly swear that lam unaMe to 
fill up any ballot paper without assistance, and I desire the 
aid of the presiding officer solely to enable me to fill up the 
same correctly. 



E. 

I, A. B., do swear that I am duly qualified as required 

by law, for the office of ^**- of the town of — ' , 

-and that I will faithfully perform the duties of — — — — - 
while I hold office^ to the best of my ability. So help me 
God. 



No. . Debenture 

$ ^ ' . Transferable. 

Under the authority of the Legislature of Nova Scotia, 
1886. 

The Town of Kentville, in the County of Kings and 
Province of Nova Scotia, will pay to the bearer hereof at 
the office of the Town Treasurer in Kentville, the sum of 

^ dollars in years from the date hereof, and 

interest for the same at the rate of -— per centum per 

Annum, payable at the Town Treasurer's office on payment 
of the interest. Coupons hereto attached. 

Redeemable in the option of the Town at any time after 
five years. 

Dated at Kentville, this — day of — ■ — —,188 — ^ 

A. B., Warden. 
C. D., CouficilloK 
E. F., CouncUlor. 
G.H., Town Clerk 

Half yearly interest warrants. 



1886. GHaFTER 0& 49 Vic. 383 

a 



To . 

Tou are hereby notified that you are rated in the Town 

of for general rates and taxes for the current year 

18 — , the sum of ■ — dollars and ■ ^-■ ' — cents, and that 

if the same is paid to the Treasurer of said Town, at his office, 
wi(hin fourteen days from the date hereof, a discount of 
two and onc^half per centi will be deducted from the said 
Bum, and that if said sum is not paid to the said Treasurer 
within thirty days from the date hereof. Warrant of Dis* 
tress will be issued to levy for the same, together with the 
cost and expenses of the levy. 

Dated at this — — day of A.D. 188—. 

F. D., Town Clerk. 



a 

In the Court of Appeal from Assessment of Town of 
Kentville, 18— 

A. B., of — — in the county of appeals 

against (hem eet forth the matter complained of.) 

A.B. 

A. B., the above-named appellant makes oath and saith 
that he believes (here set forth tfte matter complained of) 

A. B. 

Sworn to before mo at ■ ■■ in the county of — •'— 
this day of —.-*-— A. D. 188—. 



(Trea>8urer*9 Warrant), 

[l. b.] Town of Kentville. 

Whereas -*- — *— - is indebted to the town of Kentville 

in the sum of — — - — dollars and cents for rates for 

year 18*- and has failed to pay the same, you are hereby 
"^q"ired immediately to distrain the goods and chattels of 

the said —— for the said sum and two and one-half 

P^f cent, additional, and ■■ ■' ■ ■■ for the costs of collection^ 
*nd if need be to remove them to some place of safe keep* 

i^'g) and if within — days after distress made the 

property so detained be not redeemed by payment of said 
sum, with the costs of collection, and any necessary addi* 



384 49 Vic. CHAPTER 98. 1886. 

iional charges be not paid you shall sell the goods and 
chattels so distrained upon to certify the same. 

Kentville A. D. 188—. 

Town Treasurer. 

(Summons.) 

In the Municipal Coubt, 188 . 

Town of SS. 

To any Constable of the Town of ~ — or County of 

or Police Officer in the Province of Nova Scotia :. 



[l. S.J We command you to summon A. B., of • 



in the County of to appear in the Municipal Court 

at on the day of at 

o'clock in the noon, to answer to C. D. in the 

sum of and to make return hereof, on or before 

the said hour. 

Issued this day of A. D., 188—. 

Clerk. 
{Notice to he endorsed on Summons.) 

Take notice that, unless forty -eight hours before the 
hour of»trial mentioned in this summons, the defendant, 
appear and file with the clerk grounds of defence and 
particulars of set-off, if any, the plaintiff shall be entitled 
to judgment for the amount claimed with costs. 

Clerk. 

(Ajffldavit of Capias.) 

In the Municipal Court, 188 . 
Town of SS. 

I (A. B.), of in the County of make 

oath and say that C. D., of in the County of 

is indebted to me (or to E. F., as the case may be), in the 

sum of^ dollars for the causes of action set out in 

my particulars of demand hereto annexed ; that the said 

C. D. is now within the County of and I have 

reasonable and probable cause for believing and do believe 

that the said C. D. is about to leave the County of . 

That I fear the said debt will be lost unless the said C. D. 
is forthwith arrested. 

A.B. 

Sworn to at in the County of this 

day of A. D. 188—, before me. 



1886. CHAPTER 98. 49 Vic. 385 

(Capias,) 

In the Municipal Court, 188 . 
Town of . 



To any Constable or Police OflScer of the Town of 

or County of : 

Yon are hereby commanded to take A. B., of 

and him safely keep, so that you may have him at the 

Municipal Court in the Town of on the 

day of at o'clock in the noon, to answer to 

C. D. in the sura of . 

Whereof fail not, and have there then this writ, with 
your doings thereon. 

Issued this day of A. D. 188—. 

Clerk 

Notice to be endorsed on capias same as in summons, 
except in cases where the capias is issued after the suit has 
been commenced by summons. 



{Stibpcena.) 
In the Municipal Court, 188 . 



Town of- 



To- 



You and every of you are required to appear in the 

Municipal Court at on the day of 

at the hour of o'clock in the noon, to give evidence 

on the part of the in a suit now depending in said 

Court between A.. B., plaintiff, and C. D., defendant, and 
then and there to be tried, which you are not to omit under 
penalty of the law in such cases prescribed. 

Dated the day of A. D., 188—. 

Clerk 

23 



49 Vic. 



CHAPTER S8. 



1886. 



(Ticket) 
In the Municipal Court, 188 



Town of 
Cause. 



) A.B.i 
) C.D.,Z 



Defendant 

is required to give evidence in this suit, on the 

part of the in the Municipal Court at • 

on the day of at- o'clock in the noon. 



Dated the- 



-day of- 



-A. D. 188—. 



aerk. 



(Execution.) 



Town of- 



To any Constable or Police Officer of the Town of- 
or County of : 



Whereas judgment has been awarded against 
C. D< at the suit of A. B. in the Municipal 

Court at for the sum of and 

more for costs. These are therefore 



% 

Costs 

S 
Ex. 

to command you to levy from off the goods 
and chattels of the said C. D. the said sums, making together 

the sum of by the sale of such goods and chattels^ 

after duly advertising the same ; and for want thereof you 
are hereby required to take the body of the said C. D. and 

him commit to Her Majesty's Jail or Lock-up at ^ 

the keeper whereof is required to take the said C. D. into 
his custod}^ and him safely keep, until he pays the full sums 
above mentioned, with your fees and jailor's fees and costs 
of execution, or that he be discharged by the said A. B., or 
otherwise by due course of law. 

Whereof fail not, and make due return of this Writ to 
the said Court with your doings thereon, within thirty day» 
from the date thereof. 



Issued this ■ day of- — -A. D., 188—. 



Oause. 



) iL B., Pli 
3 a D., Dej 



1886. CHAPTER 98. 49 Vic. 8&7 

{Bail BoTiA.) 

[Bond m the usual form from 0. D. defendant, E. F. b 
<}. U. sureties, to J. K. plaintiff] 

The condition of this obligfttion is such that if the above 
bounden C D. do appear in the Municipal Court at — - — 

on the day -of to answer to the suit of J. K^ 

and in case judgment shall be obtained against the said 
C. D., if he shall satisfy such judgment, or shall render 
himself, or be indorsed by the said E. F. & G. H., into the 

custody of the Sheriff of the County of , then the 

said obligation to foe void. 

(Affidavit on Appeal.) 

Town of— SS. 

In the Municipal Court, 188 . 

A. B., Plaintiff, 
Defendant. 

I, CL D., of in the County of ^^(the 

defendant or plaintiff herein, or the agent of the defendant 
or plaintifl) make oath and say that I am really di&satisfied 
with and feel aggrieved by the judgment given in this 
cause, that I do not appeal therefrom for the purpose of 
delay, but that justice may be done to me (or the defendant 
or plaintiff as the case may be), herein. 

CD. 

Sworn to at in the County of this 

day of A. D, 188—, before me. 

(Appeal Bond.) 

Bond in the usual form by C. D., E. F., and O. H., to A. 
B., (the plaintiff or defendant as the case may be.) 

Whereas a certain cause wherein the said A. B. was 
plaintiff, and the said C. D., was defendant, was tried in the 

Municipal Court at and judgment was on the 

day of^ given in favor of the said A. B., for the sum 

of^ ^dollars for debt and dollars for costs. 

And an appeal therein hath been demanded by (or on behalf 
t)f) the said CD. 

Now the condition of the above obligation is such, that 
if the said C D., at the next sitting or term of the County 



388 



49 Vrc. 



CHAPTER 99. 



1886v 



Court for the County of shall duly enter and pro« 

secute his said appeal, and shall proceed therein to final 
judgment and shall abide by and fulfil the judgment of the 
saia Court, to be given in such appeal, Ihen the above 
obligation to be void. 

Signed, sealed and delivered in the presence of 



C. D. 

e: f. 

G. H. 



(seal.) 
(seal.)' 

I.) 



Municipality 
Authonied 
to borrow. 



Loan, how to 
bti applied. 



CHAPTER 99. 

An Act to enable the Municipality of Lunenburg to borrow 
money to procure a steam fire engine for the fire 
district of Lunenburg. 

(Paned t&e 11th day of Umy, A. D. 1886.) 



SicnoK. 

1. Muoioipality authorised to borrow. 

2. Loan bow to b« applied. 



Sicnoir. 
8. Debenturea ii»ay be fiven laatead of 
cash. 



Be it enacted by the Governor, Council^ and Assembly, 
as follows :— 

1. The Municipal Council of the municipalily of 
Lunenburg is hereby authorized, to borrow money and issue 
coupon bonds or debentures therefor, to the amount of six 
thousand dollars, redeemable at the rate of five hundred 
dollars in each year for twelve years, which coupon bonds 
or debenturea shall be signed by the warden and clerk, 
and sealed with the seal of the municipality of Lunenburg, 
and shall bear interest at a rate not to exceed six per 
centum per annum payable half yearly. 

2. The money borrowed under the authority of thi» 
Act shall be applied in procuring a steam fire engine and hose 
and other necessary appliances in connection with suck 
steam tire engine for the fire district of Lunenburg, and the 
money required to pay such coupon bonds or debentures off 
and to pay the interest thereon, shall be annually assessed 
upon houses and buildings and every description of insur- 
able personal property within said fire district of Lunenburg, 
in such sums as may be required to pay off* the annual 
instalments and interest on »uch coupon bonda or deben- 
tures, the amount so assessed to be collected from the 
respective owners of the property upon which the same is 
assessed. 



1886. CHAPTER 100. 49 Vic. 389 

3. Should the manufacturers or contractors from whom J^'^^^^'^JJJJU 
the said steam fire engine and appliances are procured, of SuhT "* 
choose to receive the said coupon bonds or debentures 
instead of cash in payment, the Municipal Council may 
^ve such coupon bonds or debentures in payment thereof. 



CHAPTER 100. 

An Act to enable the Trustees of School Section Number 
One, in the Township and County of Lunenburg, to 
borrow otoney. 

(PaM«d the 11th <Uy of Hay, A. D. ISSOO 



SBmox. 
L Trarta ei atfthoriaed to horrow. 
1 TnuteastoKivedebontarM for amount 



Sncnoir. 
8. Amornit to be added to 8cho<fl aiM« 

ment. 
4. Proceedinga of Tatepayers conHriDed. 



Be it enacted by the Governor, Council, and Assembly, 
as follows: — 

1. The trustees of school sectioa number one, t'unen- 2^«*«» author- 
boTg, in the township and County of Lunenburg, may ^^^'^' 
borrow twenty-two hundred dotiars for repairing and 
enlarging the academy or school buildings at Lunenburg 
aforesaid, and shall repay the same in six equal annual 
instalments, with interest at a rate not exceeding six per 

centum per annum, such interest to be paid annually. The 
loan may be obtained at once or in portions from time to 
time, as the trustees require the same, to pay for such school 
house or building. 

2. The trustees shall give to the lenders debentures or Trustees to give 
coupon bonds for the amount of the loan, the interest on^^o^unt'** *^' 
which shall be paid to the holders thereof annually, as 

well upon such debentures or bonds as may not have 
matured as upon such as have. 



3. The amount annually required by said school section Amount to be 
for the payment of such debentures or coupon bonds shall iS^Ssmenr^^^^ 
be added to the amount required for the support of schools 
in such section in each year, and the same shall be assessed, 
levied and collected in the same way as other school rates, 
should the amount to meet the payment of any such 
debentures or coupon bonds not be assessed, collected and 
paid at maturity, the Supreme Court of Nova Ssotia on 
application, shall amerce such school section for the amount 
due. 



390 



49 Vic. 



CHAPTER 101. 



1886. 



ProceedlngfB of 
ntepayera oon« 
finned. 



4. The proceeding? of the meetings of the ratepayers 
of such school section, authorizing the repairing and enlarg- 
ing of such school house, are hereby legalized and confirmed^ 
notwithstanding that such noeeting may not have been 
called in strict accordance with the provisions of chapter 
32 of the Revised Statutes, " Of Public Instruction." 



CHAPTER lOI. 

An Act to enable the Municipality of Lunenburg io borrovr 
money for a Poor Farm. 

(PasMd tbe lllh day of M»j. A. D. ISM) 



SienoN. 

1. Munioipslfty authorised to bornm. 

2. Debentures to be inued for amouttt 
S. Tenders for lonn to be advertieed. 

i. Loan how to be repaid. 



Sacnov. 
6. Amount to be aonuaOj i 

6. Amount added to aaeeeement. 

7. Loan to be paid ever to treasurer. 



Munldpailty 
authoriced 
to borrow. 



Debentures to 
be issued lor 
amount. 



Be it enacted by the Qovemor, Council, attd Assembly,, 
as follows : 

1. The warden and treasurer of the municipality of 
Lunenburg are authorized and empowered, upon beings 
instructed so to do by resolution of Council of the said 
municipality at any regular meeting of saki council, to borrow- 
on the credit of said municipality and the security of thia 
Act, a sum of money not exceeding six thousand dollars, 
for the purpose of purchasing and equipping a poor farm 
and erecting buildings thereon, for the maintenance of the 
poor in the municipality. 

2. The warden and treasurer of said municipality shall 
give to the lender or lenders of such money, del>entures or 
coupon bonds for the amount of the loan, and the issue of 
such debentures or coupon bonds to such lender or lendera 
shall be sufficient proof as between the holders for value of 
such debentures or coupon bonds and the municipality that 
the warden and treasurer were duly instructed by resolution 
of the council to borrow such money. 

Tenders for loan 3. Tenders f or the money shall be advertised for in 
'®*^*^'®'****^' one newspaper published in the municipality, and in one 
newspaper published in the city of Halifax, once each week 
for four successive weeks before the loan shall be made, 
and the tender expressing the lowest rate of interest shall 
be preferred. 

Loan, how to be 4. The treasurer of the municipality shall pay the sum 
'®P*^ so borrowed in ten equal annual instalments of six hundred 



CHAPTER 102, 49 Vic. 391 

dollars each, with interest payable annually, and not to 
exceed six per centum per annum. 

5. The sums of money required to pay off such deben- Amount to be 
tares or coupon bonds and to pay the interest thereon, and ISSd!^^ **" 
such interest as may have accrued upon all such debentures 

or coupon bonds as have not matured, shall be annually 
assessed, levied and collected, in and upon the municipality 
in such sums as may be required to pay off such annual 
instalments and interest. 

6. The Municipal Council for said municipality shall Amount added 
at the annual or semi-annual meeting in each year, **^ *""*"'"*"^'' 
add to the amount to be assessed upon the municipality 

for general purposes a sum sufficient to pay such 
instalments as they become due, with the interest upon 
such debentures or coupon bonds. 

7. The moneys arising from the sale of such deben- lom to be 
tares or coupon bonds shall be paid into the hands of thoi^^^^r.^ 
treasurer of the municipality, and shall be by him paid out 

upon the order of the chairman of the committee entrusted 
by the council with the carrying out of the oVijects of the 
loan hereby authorized, countersigned by the warden of the 
municipality for the purposes of this Act. 



CHAPTER 102. 

An Act to enable the village of Mahone Bay to purchase 
land and erect an Exhibition Building. 

PMMd the 11th day of K*j, A. D. 1880.) 

Skibmi. 

I' UnDidpftlltj be empowered to borrow. 

1 Uu how be aimlied. 

*■ Moieyi to be added to eeaeflsirent. 

*' CoOecton roll to be made out 

I' Clark to deliver roll to oolleotor. 

0- Kates bow levied and collected. 

'• Site to be puichaeed and conveyed. 

J- Appointment of trusteee. 

V. Annual meeting of ratepayen. 

\^ !«^>•7er« to elect trustees. 

11- Mode of electing trustees. 



Sionov. 

12. N6tIoe of meeting unnecessary. 

IS. Trustees to render annual account. 

14. Vacancy in trust how supplied. 

15. Trustees to insure building. 

16. Powers of trustees. 

17. Rents of building how applied. 

18. Appointment of secretary-treasurer. 



19. Dtiagreement among trustees. 

20. Trustees eligible for re-election. 

21. Designation of property, dec. 

22. In case of failure of annual meeting. 



Be it enacted by the Governor, Council, and Assembly, 
*8 follows : — 

1. The Municipal Council of the municipality of Municipality 
f'Qnenhurg is hereby empowered to borrow money, and to ui'Sonow^ 
>wue coupon bonds or debentures therefor to the amount 
y one thousand eight hundred dollars, redeemable as 
wIIowb: $350.00 in one year; $350.00 in two years; 



392 49 Via CHAPTER 102. 1886. 

$350.00 in three years ; $35000 in four years, and JWOO.OO 
in five years from the date thereof, which coupon bonds or 
debentures shall be signed by the warden and clerk, and 
sealed with the seal of the municipality of Lunenburg, 
and shall bear interest at a rate not to exceed five per 
centum per annum, payable half yearly. 

Loan, how to 2. The money borrowed under the authority of this 

be applied. ^^^ ^j^^^ji ^^ p^jj ^^^^ j^y ^j^^ treasurer of said municipality 

to the trustees hereinafter named, and shall be by them 
applied for the purchase of a suitable site in the village 
of Mahone Bay, and the erection thereon of an exhibition 
building, said building to be by said trustees let for agri- 
cultural exhibitions, and when not required for such 
exhibitions, for such public meetings and entertainments 
and other purposes as said trustees may deem advisable. 

Mon<yi to be 3. The moncys required to pay such coupon bonds or 
ijM^^toasaeaB- debentures off, and to pay the interest thereon, and the 
expense of assessing and collecting the same, shall be by 
said Municipal Council assessed upon and collected from 
the real and personal property of the residents of the 
following described district which includes said village of 
Mahone Bay, and shall be known as the Mahone Bay 
Exhibition Building district, that is to say, being portion 
of polling district number three in the County of Lunen« 
burg, commercing at sub-division number one of the said 
polling district number three, and extending northwardly 
in the same direction, in all as far as and including Herbert 
Zwicker's, thence eastwardly to Kedy's Bridge, thence 
south-eastwardly, taking in all of Oakland School section, 
number twenty-seven, in said sub-division ; also the whole 
of sub-division number two of said polling district number 
three, with the exception of all living to the southward of 
a straight line from Loye's Cove to the main post road 
leading from Mahone Bay to Lunenburg ; also the whole of 
sub-division number three of said polling district number 
three, as far to the southward as the north-west school 
house, with the exception of the residence of the back 
range and of Maitland, Sweetland, and the Nass settlements 
in north-west end ; also that part of sub-division number 
four of said polling district number three, comprising the 
residence as far as and including Inghram B. Langille's, in 
such sums as may be required to pay off said annual 
instalments of coupon bonds or debentures, and the interest 
on the same. 

coiiector-B roll 4. For the purpose of levying and collecting said 
tobemadeout. amounts, the clerk of the municipality shall on or before 



188a CHAPTER 102. 49 Vic. 898 

such time as he may be ordered by the said municipality 
in <^ch and every year, until said coupon bonds or deben- 
tures and interest are paid, make out from the assessment 
roll of said polling district number three, a collector's roll 
for said district rates for said Mahone Bay Exhibition 
Building District, in the •same manner and with the same 
particalars as are required for the municipal rate rolls. 

5. The clerk of the said municipality shall deliver cierk to d«^er 
said roll so made by him to a collector to be annually"* ** 
appointed for said Mahone Bay Exhibition Building Dis- 
trict by said Municipal Council at any regular or special 

meeting. 

6. Said rates shall be levied and collected and thejjjjj' JnJ 
payment thereof enforced in the same manner as municipal ooiieuud. 
rates, and all the provisions of chapter 58, Revised Statutes, 

fifth series, in relation to the collection and enforcing 
payment of municipal rates, shall apply to the collection 
and enforcing payment of said Mahone Bay Exhibition 
Building district rates, and the forms £, F and O in the 
schedule to said chapter altered to conform to the case may 
be used if required. 

7. The site for said building shall be purchased by and 8{J^ ^wn. 
conveyed to said trustees hereinafter named, and the sameveyed. 

with the said building to be erected thereon shall be held 
by the said trustees hereinafter named and their successors 
in office in trust for said Mahone Bay Exhibition Building 
District and for the purposes set forth in this Act. 

8. Alexander Chisholm, Charles W. Mader, William Appo^ent of 
A. Pickles, Henry Zwicker, Thomas G. Nicol, Ezra Ernst, 

and Alfred Ernst, all residents within said Mahone Bay 
Exhibition Building District, shall constitute and be the 
8aid trustees for the present year who shall hold office until 
the appointment of their successors at the first annual 
meeting of the ratepayers of said Mahone Bay Exhibition 
Building District, to be held as hereinafter provided. 

9. There shall be an annual meeting of the said rate- Annual meeting 
Payers, held in the said exhibition building, at 2 o'clock, ^''***^^*'* 
pDi-, on the first Tuesday in June, in each and every year. 

The first meeting to be held in June, 1887. 

10. The said ratepayers at said annual meetings shall ^*!^^5^!Jg^ 
electa board of seven trustees for the current year who***^ 

<^hall hold office until the election of a new board at the 
^^xt annual meeting. 



394 



49 Vic. 



CHAPTER 102. 



1886. 



Notioe of nittet- 
IngunQtoetsaiy. 



TrustMi to ran- 
der annual ao- 
oount. 



Yaoanojln 
trust, bow 
•uppliad. 



Trustees to In- 
sure building. 



Modeof electing 1 1. Said trustecs shall be elected separately by ballot 
"^ by a majority vote of the said ratepayers present at said 

annual meeting. 

12. No notice of the time and place of holding said 
annual meeting shall be necessary. 

13. At said annual meetings the trustees for the year 
then ending shall render an account of all moneys received 
and disbursed by them for or on account of said exhibition 
building and property, and shall hand over to their 
successors in office any balance of funds remaining on hand 
and all books, accounts, vouchers and papers belonging to 
Mahone Bay Exhibition Building Distiict or relating to 
their Aaid trust. 

14. Any vacancy occurring in said board of trustees 
by the death, resignation or removal from the said Mahone 
Bay Exhibition Building District of any of said trustees, 
may be filled for the unexpired balance of the year by a 
trustee to be appointed by the remaining trustees or a 
majority of them. 

15. The said trustees and their successors in office shall 
insuro said exhibition building for the sum of SIOOO.OO in 
favour of the said municipality until the whole of said 
coupon bonds or debentures and interest are paid, and in 
case they fail to do so the said Municipal Council may 
insure the same and add the premiums therefor to the 
yearly assessment upon said Mahone Bay Exhibition 
Building district. 

16. The said trustees shall have power to build said 
exhibition building of such dimensions as they may deem 
advisable, and to let the same for agricultural exhibitions, 
and when not required for such exhibitions, for such public 
meeting.s, entertainments,''Snd other purposes as they may 
think proper and shall also have power to keep said 
exhibition building insured, repair the same, and make any 
additions or improvements thereto, and to fence, improve 
and beautify the grounds and do and perform all other acts 
necessary for the preservation and judicious managing of 
said exhibition building and property. 

Bents of build- 17. All funds arising from rents of said exhibition 

ing, how applied, building shall be by the trustees applied, First, to payment 

of insurance premiums and any debt that may for the 

time being stand against said exhibition building and 

property. Second, towards repairs, additions and improve* 



Powers of 
Trustees. 



1886. CHAPTER 103. 49 Via 8SS 

ments that may be decided upon. Third, any balance 
remaining on hand at the said annual meetings to be 
applied to such public purpose within said district as the 
said ratepayers by a majority vote of said ratepayers 
present at said annual meetings shall decide, 

18. Said trustees shall forthwith upon being appointed Aimc^tinent 
proceed to elect one of their number secretary and Treuanr/' 
treasurer for the ensuing year, for whose good conduct said 
trustees and each of them shall be responsible to said rate- 
payers, and from whom they may take such security for 

good conduct as they may deem proper. 

19. In case of disagreement between said trustees any Din^rreement 
four of them shall have power to do and perform any act JJJJ"' ""^^^ 
or acts which said board of trustees could perform. 

20. Said trustees shall be eligible for re-election. TnMteesejwbio 

o tor re*eleotion. 

21. Said building and property to be known as the Designation of 
Mahone Bay Exhibition Building property and to be exempt p*^^^*^^* *°* 
from all taxes except fire taxes. 

22. In case the ratepayers of said district fail to h^vCoi J^ui'^eeS 
their said annual meeting, or fail at any annual meeting to ing. 

elect a full board of trustees as herein provided, the said 
Municipal Council shall at their next regular meetinnr there- 
after appoint from amongst the ratepayers of said district a 
board of trustees who shall immediately enter upon the 
duties of and be the board for the unexpired term of the 
three 3'ears, and the old board shall continue to hold office 
until such appointment by the said Municipal Council. 



CHAPTER 103. 
An Act to legalize assessment of Town of New Glasgow. 

(PMMd the 11th day of May, A. D., 1S80.) 
8iQno«.«a. New Glaagov Mo ee mn ent, 1880, oonamied. 

Be it enacted by the Governor, Council, and Assembly, 
as follows : 

1. The assessment made by the municipality of the town Newoiaasrowas^ 
of New Glasgow, for the year 1886, is hereby legalized and SSZ^^^ 
confirmed, notwithstanding any irregularity or informality 
in the levying, apportioning or adjusting of the same or 
otherwbe. 



396 49 Vic. CHAPTER lOt 1886. 



CHAPTER 104. 

An Act to provide for supplying the Town of New 
Glasgow with water. 

(PmswI th« 11th day of Hay, A. D., 188<L) 



Bectios. 

1. Supply of water for New Glasgow. 

2. Entry upon lands Authorised. 

3. Power U. open roads, streeta, kc 

4. Title to lands how acquired. 

6. Daoiagee to be settled bv arbitration. 
0. Service pipes how laid, ke. 

7. Employment of competent engineer, 



BaonoK. 

8. Water works extended and enlaiiged. 

9. Debentures may be issued, Ac 

10. Annual income how appropriated. 

11. Town council may make ordinances. 

12. Assessors' duty defftied, &o. 

IS. Appointment of water oommi«ionec«. 
(Form of Debenture.) 



Be it enacted by the Governor, Council, and Assembly, 
as follows : 

for^S'w GUM?' ^' ^^® town council of the town of New Glasgow are 
gow. hereby authorized and empowered to provide for the town 

of New Glasgow a good and sufficient supply of water for 
domestic, fire and other purposes, and in order to obtain 
such supply to enter into a contract or contracts for that 
purpose, by tender or otherwise, to construct works, to lay 
pipes, to build dams and reservoirs, acquire lands, and do 
all things necessary to be done in the premises. 

Entry uwn 2. For the purposc of obtaining the said supply of water 

ixed.'*" **' the town council are hereby authorized and empowered to 
enter upon all lands within the limits of the town of New 
Glasgow, and upon all lands in the cotinty of Pictou outside 
of the limits of the town of New Glasgow, and to enter 
upon the bed of the East River of Pictou and upon the bed 
of any other river, lake or stream whatsoever in the county 
of Pictou, and to build dams, reservoirs or other works 
wherever necessary, and to cause the water to overflow the 
land bordering on the said East River, or on such river, 
lake or stream, and to take from the said East River or 
from such river, lake or stream, such quantity or quantities 
of water as may be required, and in the construction, build- 
ing or repairing of any dams or reservoirs,and in the laying 
down, construction, repairing or alteration of any main or 
service pipe or other structure under the provisions of this 
Act, the warden, councillors or any or either of them, and 
their engineer, superintendent, servants or workmen shall 
have full power, and they are hereby authorized from time 
to time as occasion may require, to enter upon any lands 
or tenements, inhabited or uninhabited, both within the 
said town or outside of the same, and may remain thereon as 



1886. CHAPTER 104. 49 Vic. 397 

long as they may deem requisite for the proper execution of 
the work or otherwise, and make all such excavations on 
tbe premises as may be expedient, and take up and remove 
any floors, timbers, planks, walls, fences or erections what- 
soever, doing no unnecessary damage to the same, and 
carefully replacing the same as far as can be on the 
requisite work being performed. 

3. It shall be lawful for the town council from time to Power to open 
time, for the purposes of this Act and for the repairing of SSI**** »t«^t^ 
any of the works constructed thereunder, to open the roads, 

streets and highways within the town and those outside the 
town when necessary, and to keep any such road, street 
or highway open for such reasonable time as may be neces- 
sary, and to cause such reservoirs, tanks, fountains, 
hydrants, leaders, pipes and tubes to be laid and placed on 
and under such roads, streets and highways as may be 
necessary and proper, the said town council closing up, 
repairing and making good such roads, streets and high- 
ways, and said town shall continue to be the owner of all 
such reservoirs, tanks, fountains, hydrants, leaders, pipes 
and tubes, and other works which may from time to time 
be constructed under the authority of this Act. Notwith- 
standing that the same may be laid under or built upon any 
highway or other property not belonging to the town. 

4. Whenever it shall be necessary for the securing thewtie to laoda* 
necessary supply of water, the laying down or placing of ^^^'^ ■*^^'*^ 
any reservoirs, tanks, fountains, pipes, leaders or tubes, or 

for any purpose whatsoever under th's Act, that the town 
should be invested with the title or possession of, or in any 
lots or parcels of lands and premises situate anywhere, 
either in the town or outside the corporation limits, it shall 
and may be lawful for the council, in case they cannot agree 
with the proprietors of such lands respectively for the pur- 
chase or lease thereof as may be req^red, to give notice in 
writing to the party whose lands are intended to be taken, 
or to his agent, that th*e said lands are required for the pur- 
poses of the town under this Act, and shall request the party 
or his agent whose land it is proposed to take or occupy, to 
appoint one arbitrator and the council shall appoint one 
arbitrator, and the two so chosen shall appoint a third 
arbitrator, and the arbitrators so appointed shall proceed to 
determine the damages, " if any," and award the same to 
he paid to the owner or occupier, as the case may be, whose 
award or the award of any two of them shall be final and 
conclusive, provided the town council decide to take such 
l&nds, and thereupon the town shall pay and satisfy^ within 



898 49 Vic. CHAPTER 104. 1886. 

six months to those entitled to receive the same, the full 
amount of such award or valuation, and immediately upon 
the payment or tender of the sum awarded as aforesaid to 
the owners, or in case of dispute to such parties as a judge of 
thesupreme courtshail direct, thetown shall be and bedeemed 
the rightful purchasers and owners in fee simple, of such 
lot or parcel of land with the appurtenances, if the said 
award be for the purchase thereof or otherwise, the tenant 
thereof for such time as in such award set forth, and in 
case the proprietor of such lands neglects or refuses to 
appoint an arbitrator within thirty days after due notice as 
aforesaid, or in case the proprietor cannot be found, or is 
absent and has no known agent residing in the province, a 
judge of the supreme court may appoint such arbitrator, 
who shall be disinterested and not a resident of New 
Glasgow. If the town council have reason to fear any 
claims or incumbrances, or if any party to whom compensa- 
tion is payable cannot be found or is unknown, or if for 
any other reason the council deem it advisable, the council 
may pay such compensation into the office of the prothono^ 
tary of the supreme court for the county of Pictou, and may 
deliver to the prothonotary aforesaid a copy of the award, 
and such award or a certified copy thereof, shall thereafter 
be deemed to be the title of the town to the property 
therein mentioned. 

Dftmiurei to be 5. In the event of any damage being done in the exe- 
tnSon.**' *'"' cution of the work, the party sustaining such damage shall 
be entitled to receive such compensation as shall be mutually 
agreed upon, and in case no such agreement can be made at 
the request, in writing, of such party^ arbitrators shall be 
elected and appointed as provided for in the fourth section 
of this Act, to assess the damages to be paid to the party 
entitled thereto, whosjc award, or the award of any two of 
them, shall be final and binding upon the parties, and the 
amount so assessed sh^ be paid within six months there- 
after. The cost of such inquest shall he taxed or allowed 
by the judge of the county court at 'the same rate as in 
cases of ordinary inquest before sheriffs, and shall be equally 
borne by the town and the complainant, whose moiety 
thereof shall be deducted and retained out of the amount 
of damages assessed. 

Service pipei, 6. The Service pipes for water supply to houses, build- 

how laid, j^gg or establishments, which are to be supplied with water 

under this Act, shall be carried from the main to the side 

line of the street at the expense of the town when request* 

ed by notice in writing from the owner of any house or 



188a CHAPTER 104. 49 Vic. 899 

building opposite to ^hich a main is laid> and all beyond 
that distance at the expense of the owner or leaseholder for 
life or term exceeding five years of the premises so 
supplied. 

7. The council may employ and pay a competent KAptoymmt of 
engineer and assistant to make surveys and plans of the ^^^t^^^ •"'** 
streets within the town of New Glasgow, showing the 

surface of the streets as existing and the permanent leveh 
to be thereafter made, which levels^ when approved by the 
town council, shall be and remain the permanent levels. 
The plans shall be fyled in the office of the town clerk as 
public records of the same. 

8. The town council may from time to time, at such Wkterworkiex* 
times as they may deem expedient, improve, extend orjj^ *"** *°' 
enlai^e the "water works of the town, or make repairs, lay 

new pipes, and do all things necessary to aiford a sufficient 
supply of water. 

9. For the purpose of raising the necessary funds to i>ebentur«i mA/ 
obtain for the town of New Glasgow the said water supply *^ *'^**** *** 
and to carry into effect the works contemplated by this 

Act, the town council are hereby authorized and empowered 
to make and i^sue from time to time, or otherwise, as they 
deem expedient, debentures in the form specified in 
Schedule A to this Act, bearing interest at a rate not exceed* 
ing six per cent per annum, payable half yearly, and 
redeemable at periods not exceeding twenty years from the 
date of the issue thereof, provided that the whole amount 
of such debentures shall not exceed the sum of sixty 
thousand dollars — such debentures shall not be issued for a 
less sum than one hundred dollars each, and shall be signed 
by the warden of the town of New Glasgow, and counter- 
signed by the clerk and treasurer of said town, and the 
holders of such debentures shall be exempt from all 
taxation for or on account of the same. 

10. The moneys accruing from the annual income of Annual income, 
the water supply from whatever source, shall be appro- J^S ***p™^'*' 
printed and applied in the first place to discharge the current 
expenses incurred in the execution of the requirements of 

this Act, and in the next place toward the payment of the 
half yearly interest of the debentures issued under the 
authority of this Act, and in case the whole income shall 
not be sufficient for the purposes before mentioned, the 
deficiency shall be made good and supplied by an annual 



400 49 Vio. CHAPTER 104. 1886. 

assessment on the assessable property liable to sach rate or 
assessment under the provisions of this Act or any by-law 
made under the authority of this Act. 

Town Council H. The towu council shall have full power from time 

SSwSes.* ^'^* to time to make such ordinances, by-laws, rules and regu- 
lations as to such council shall seem requisite and necessary 
for regulating the supply of water, and the payment and 
collection of water rates, and the manner and form of issuing 
warrants therefor, and for preventing any person supplied 
with water from wasting, vending or improperly disposing 
of the same, and such town council shall i^Iso have full 
power to lay off and define by boundaries or pipe line, such 
portion or portions of the area of the town of New Glasgow 
approximate to or in the vicinity of the main and service 
pipes as they shall deem requisite, into a water district 
defined by such boundary or pipe line, and to levy upon 
the assessable property lying within and without such 
boundary or pipe line respectively such proportions of the 
water mtes as they shall deem expedient or requisite, to 
make such ordinances, by-laws, rules and regulations as to 
them may seem expedient for the purposes of defining what 
proportion of the said water rates shall be levied on assess- 
able property within the said boundary or pipe line, and 
what proportion, if any, shall be levied on property not 
within such boundary or pipe line, " and all taxes or rates 
levied or assessed under the provisions of this chapter, shall 
be collected or enforced as ordinary taxes are now collected 
and enforced." And also generally regarding every matter 
or thing which may be necessary or expedient to regulate 
or direct the carrying out of the purposes of this Act, and 
in order to secure the inhabitants of the town a continued 
and abundant supply of pure water, and prevent frauds 
being practised, and may enforce observance of such rules 
regulations and by-laws by attaching penalties thereto not 
to exceed in any one case the sum of forty dollars or two 
months' imprisonment, which penalties may be recovered as 
an ordinary fine is now recovered in the police court of the 
town, in the name of the town. Said by-laws and each of 
them when passed by the town council and approved bj 
the Qovernor-in-Council, shall have the force of law and be 
as valid and effectual as if the same and each of them were 
incorporated in and formed part of this Act. The produc- 
tion of a copy of said by-laws so approved, purporting to be 
certified under the hands of the warden and town clerk and 
the seal of the town of New Glasgow, shall be sufficient 
proof thereof in any court of Justice. 



(• 



188ft CHAPTER 104. 49 Vic. 401 

12. When the town council shall direct the same to he ^'^'^^f "*^ 
done by a hy-law, the assessors of the town of New 
Glasgow, when making up the assessment rolls, shall set 

down in a separate column the value of the respective 
properties lying within the pipe line or water district laid 
off and defined. 

13. It shall be lawful for the town council to appoint ADpointmeatoi 
three persons, one or all of whom may be members of the donen?"*"*" 
town council, to be called " water commissioners,'' who shall 

hold office at the pleasure of the town council, and who 
tihall have such powers and perform such duties relating to 
the construction of the work contemplated by this Act or 
otherwise as the town council may direct, who may be 
remunerated for their services at the discretion of the 
council 



SCHEDULE A. Form of debon. 

tore. 

No , Dehenture. 

I . Transferable. 

Town op New Glasgow Loan. 

Under the authority of an Act of the Legislature of Nova 
Scotia, Chapter , Acts, 188 — . 

The bearer hereof is entitled to receive from the town of 
New Glasgow, in the county of Pictou and Province of 

Nova Scotia, the sum of dollars of lawful money 

of the Dominion of Canada, in twenty years from the date 

hereof, and interest for the same at the rate of 

per centum per annum, payable half yearly, at the office of 
the town clerk, New Glasgow, on the production of the 
interest coupon attached. 

Dated at New Glasgow, N. S., 188—. 

A, B., Warden, 
CD., Totem Cierik. 



26 



402 



49 Via 



CHAPTER 10& 



1886. 



CHAPTER 105. 

An Act to consolidate and amend the Acts relating to the 
Town of New Glasgow. 

(PMMd «h« lltb 6mt of Mftj* A.]>. 1886.) 



Saonoii. 

1. InoofpoMtion,— l»oand«rfM m In 
scbedvle. 

5. Government of Town. 
8. Who efaall vote. 

i. Election, wbeb held. 

6. Tenure of offloe of Warden, Ac. 

6. Elaotk)4M, bow to be oonduoted. 

7. Notice of election to be poeted. 

8. liet of voters to be prefwrod. 
0. Proposition of candidfttee. 

10. If only one oendidAte. 

Hi Openingr and closing of poll. 

12 Penalty for refusing to server 

18. Ballot boxes provided. 

14. Who to be present at poll. 

15. Ballot boxes to be exhibited, 
10. Voting to be by ballot. 

17. Mode of procedure. 

1& Poll clerk's duty. 

10. Ballot, how rejected. 

20. Ballot not counted. 

21. Return of ballot papers. 
29L Paper and pencils provided. 

23. Presiding officer may vote. 

24. Presiding officer^s report. 
26. Not to interfere with voter, 
20L Fraudulent voting. 

27# Promises of money, ke. 

28. Disqualifloation of Warden, A«. 

29. Who eapable of election. 

80. DisqualUlcation. 

81. Disqualification. 

82. Exemptions. 

88. Penalty for ref uainff oillc«r 

84. Offlee, how vacated. 

86. Vacancy, how filled. 

80. Temporairv absence of Warden. 

87. Election, how conducted. 

88. Warden, te., to be sworn. 
88. Dutieeof Warden. 

40. Duties of GouneillorSL 

41. Ooouuitteee to report. 

42. Meetings of Couneil. 

48. Written notice of meetingv, 

44. Who to preside. 

46. PCwereof GoinmU. 

40. Town a separate school section. 

47. Town a separata poor dlstriefc. 

48. Power of assessment. 

40. Annual payment to Treasurer. 

60. Nofsubject to County OounoU. 

61. Disputes to be arbitrated. 

62. Municipal year, when to end. 

63. Ck>nncilto have powereof Board off 

Health. 

64. Appointment of officers. 

65. Aopointment of Auditors. 

66. Who eligible for appointment. 

67. Accounts of town, bow parsed. 

68. Auditors' abstract to be published. 
60. Council to assess annually. 

60. Objects to be aasessed for. 

61. Payment of poll tax. 

62. Exemptions from taxation. 
68. Companies may be relieved. 

64. Definition of terms. 

65. Definition of terms. 

66. 8hipe»&a, bow 



Sicnoir. 

67. Bank*. km^jhOw iniin.*. 

68. Insurance Companies, boWttMasadL 
60. Agendee, how assessed. 

70. Property assessed at cash valoa. 

71. Personal property, how aaseased. 

72. Person in pcuusssJon deemed owner. 
78. Aeal estate sssossed against owner. 
74. Property under oontrol of execttton^ 

76. Lien for ntev on pfoperty. 
70. Appointment of Town Ass< 

77. Town and Ward Aesessors sworn. 

78. Compensation to Assessors. 
70. Penalty for refusal to serve. 

80. Assessment roll tor be prepared. 

81. Written statement to be furnisbedr 

82. Statement not binding. 
86. Town Clerk to give notice. 
84. Objection to assessment 
86. Appeals from asseskment. 

86. Appeals, when tried. 

87. Court may adjourn for quomokr 

88. Court may iseue Mbposnas. 
80. Witnesses to be sworn. 

00. Liet of complaints, how poateilr 

(n. List of appeals prepared. 

02. Court to determine matter. 

08. Power of Court of Appeal. 

94. Decision final, except, itc 

05. Power of Chairman of Courts 

96. A saeos roent roll to be valid. 

07. Henring, how granted. 

OB. Matter, iiow decided. 

00. JBx parte proceeding. 

100. Witnesses entitled to fees« 

101. Completion of assessment ro]L> 

102. Kate book proourad. 
108. Notice* to be issued. 

104. Discount for pron»p( payveilt^ 

105. Warrant may be issued. 

106. Goods may be sokl. 

107. Notice of sale of goodsi 

108. Balance to bo retnmed. 
100. Costc aa in schednla. 
1]0. Rates may ba sued for. 
IIL Absentees from Pmvinoe^ 
112. Person about to leave. 
118. Primi fade evkfenoe. 
114. Death of party aasessed. 

116. Doing bneiness after levy. 
UOk Rates of deceased person/ 

117. Assessment not prejudiced, 

118. Failure to levy peil tax. 
110. Streeta, &e., vested in Town, 

120. Powers of Council. 

121. Compensation loowncta. 

122. Opening new street. 
123k Ownere to be notified. 
124. Who to be arbitratotsi 
126. Where owner not known. 

126. Money paid into Court. 

127. Arbitrators to be eompei 

128. Construction of sewera. 
128. Erection of fences. 

180. Width of new street 

181. Street expenditure. 

182. Superintendent of Streeta^ 
188. Street servicaof Tbwnw 



im. 



CHAPTER 105. 



*9 Vic. 



408 



13t. InteBding buikton. 
lUS. iHonmbertiier *t«4la. * 
IKL ynw Aot to W aUtckeA, Ac 
137. 8id«wa11n cleared from cno#. 
m PUMtpnndttokeolMtrufAed. 
U9. Oirrii^efl not driven on dde^alkt. 
lia street not lobe broken up. 
141. NottoobetradttreepMeag*. 
141 llottothra«r«tone«,^h. te. 
14S. Coeetinr^on elreete, ace. 

144. Diiorderlv riding or driving. 

145. LAitobe fenced iB. 

14«L BuildlDga not to ^ moved, te. 

147. Onins and eewers. 
14& NoUce before MtioA. 

148. Appmntment of Fireniufdi. 
isa FTiewenU' duty. 

Ul. Miv braik open bnildiogiL 

ISS. Pow^ of Kirewnrdi. 

l&S. rire Md PitAeOttoB OonipMiet. 

154. Conncii may appoidt engineers. 

165. Duty of finsmea. 

IM. PoweM of Ohpiain of Company. 

Ur. Annintment of Fire Coaatablee. 

158. Ckunney iweepere. 

19. NewQhiMowlCuiitdpalOourt 

\m. Reooraerawi BUpendiaiy Magiitmta. 

16L aeik of Mmaieidal Court. 

102. JviMietfon of Cmut. 

lei Suita fer recevery of 

164. Writi, by whom eiimed. 

U&. Procew need in Court. 

16& SUtement in writing. 

107. ' • • 

leg. 
m. 

170. 

m. 

17t 

171 
174. 
US. 
178. 

in. 

178. 

m. 
iw. 

ISL 
lU. 
181 



CoLcarrent write mav l«ue. 
Action againit eevenu defendants. 
Comt when to eit. 
Matter* of defence in writing. 
When no defence fi]e< ludgment. 
Judgments, liow entered, &c. 
Money caid into Court. 
Amoaot to be deducted. 
Judgment to bear intereet. 
Judgment not to be «aashed, Jce. 
Execution, how may V Itsvied. 
Where defendant oonoealed. 
Kxecution ae4n ecbedule. 
IMendaot whea let in. 
lilt of oaueeafor trial. 
Continuance, how granted. 

184. (Xmit may be adjourned. 

185. Oauaes,how«obetrted. 

188. Parties may appear in penen. 

187. Enovtera may eue and be sued. 

188. When no Jurisdiction. 

!»• Aoignee of chase in actian. 

IW. N^ioeof aotion. 

ML lUleise of chose in RoClen. 

IBS. Defendant's remedy. 

^. Depedtlen of witacM, how taken. 



lOi. Capias, how'to be issued. 

195. Arrest of defendant. 

196. Dlsohan^ of defendant. 

197. Subsequerft proceedings. 

198. MoB^y paid into Court. 

199. Party succeeding to have costs. 
"309. Oeart to have pow«r of amendmeiii. 
^201. Power to issue subpoenas. 

902. Oath, by whom administered. 
4i08« Aflidavit, before whom sworn. 

204. Recorder to malie raise, Ac. 
206. Appeal, how granted. 

205. Sureties entitled to render. 
987. Fs|>er8, to whom returned. 
20S. Proceedings on appeals. 

^09. Testimony of witness in custoQy. 

210. Constable te levy eseesntion. 

211. To have power to serve prooess, te. 
tl± Ezecntleas, when retomable. 

218. Penalty for refusing to servaprooesK 
Sli. Relief of insolvent debtors. 

216. Costs in Municipal Court. 

219. Appointment of special constables. 
^7. t)aderdir«?tioa<^Wa0d«ii,*e. 
21& May be sworn in. 

219. Appointment, for what period. 

220. Disorder at public mvettngn. 

221. Penalty for refusing to acC 

222. Appointment ef extra constables. 
229. To be swem in. 

^224. To be compensated. 

226. Under control of Police Oommitlee. 

:S99. May serve prooees. 

397. May preserve order. 

-228. Panalty for neglect af duty. 

229. May -arrest persons on view. 

^90. Police oOee. 

281. SUpendUrf Magistrate's duty. 

232. Qerlc of ^^lice office. 

233. Police record book. 

234. Actions, te., before Stipendiaiy 
Magistrate. 

Pines, fees and forfeitures. 
What act aeceaiary to set oob 
Stipendiary nay order costs. 
Levy by distress and sale. 
8ti|>endiacy may dischanre defeatfant. 
Conviction not to be quashed. 
Fees allowed in police office. 
Town to hwve Common Seal. 
DocumenU, haw authenticated. 
Charge for afflzine seal. 
No amendment withoal aotioe. 
Ily*law, how suspended. 
My -laws and on' 



236. 
290. 
237. 
238. 

239. 
240. 
241. 
242. 
243. 
244 
246. 
249L 
247. 
248. 
249. 
250. 



Cofiiea laid before Legisiatan. 
Penaltv for viobiting Dvkbw. 
Oouncll mav open credit account. 
Act when tb.go lalo operatiaB. 



Schedules. 



Be it enacted \^ the Qov^mor, Council, and Assembly, 

*8 follows: — 



1^ The inhabitants of the town -of N€w<3Iasgow areincoroontien- 
isonstituted and declared to be a body corporate and politic, ^JtJdier " ^"^ 
-and the boundaries of the said town and the division of the 
^nie into wards and boundaries of the ^veral wards 
hereof shall be as defined in schedule A to this Act, 

2. The town shall be governed bj a warden, and a Government of 
'body of councillors consisting of two eouncillors for each *®'^"- 
*^&i'd, and no person shall be elected or eligible to serve as 



401 



49 Vk). 



CHAPTER 105. 



1886. 



Wkcshall vote. 



Election when 
held. 



warden or councillor who shall not have been reHident in 
said town for the period of one year next previous to 
election, or is not at the time of his election a British 
subject of the fnli age of twenty-one years, nor shall any 
person be elected or eligible to serve as conncillor unless he 
is at the time of his election a resident of the ward for 
which he is so elected, and each shall be owner of real and 
personal property to the amount of one thousand dollars 
within the town of New Glasgow. 

3. All ratepayers of the town whether male or female, 
resident or non-resident, who shall have been such for at 
least one year next previous to the election, of the age of 
twenty-one years and upwards, and who shall have been 
assessed in the assessment roll made up next before the 
election on property within the limit^ of the town, and 
shall have paid all rates and taxes of all kinds due and 
payable by such ratepayer to the town whether for the 
current or any previous year, shall be entitled and qualified 
to vote at any such election for warden or councillor, and 
such vote may be given in any ward in which such elector 
is rated on property either real or personal, provided that 
no elector shall vote in more than one ward en the same 
day. 

4. An election shall be held on the first Tuesday of 
February in each and every year, at which a warden shall 
be elected, who shall hold oflice for one year, and as many 
councillors as shall be necessary to fill vacancies created by 
the retirement, resignation or death of members of the 
council. 



Tenure of oflice 5. The warden so elected shall hold offiee until the 
of w